Chetan (Advocate) 07 January 2009

Crime

In a case before me

The accused assaulted the person with Gupti, the police medically examined the victim and registered the offence U/s 324, however the police filed chargesheet and give the copy of it to the accused.

My question is that in the said chargesheet the police did not attach the copy of Medical Report and seizyure Panchnama. under such circumastances how to defend the accused guide me with citations

Reply Follow

6 Replies

G.G.Shaikh Advocate M:9898038990 (lawyer) 07 January 2009

please see in the chargesheet page name of any docter is who examined the victim is mentioned or not ,if the police didnot mentioned name of that docter it good for the accused

the police have to attach the copy of Medical Report and seizyure Panchnama in the said chargesheet .

Ravi Arora (Advocate) 07 January 2009

it must be, and chithi majrubi will also there along with medical

just try what mr Shaikh said

AEJAZ AHMED (Legal Consultant/Lawyer) 08 January 2009

Dear Chetan,

In your case as per you, the Police Officer filed " CHARGE SHEET " in the Court. But, they didn't attached any one of document, i.e. Medical Report, Seizure Report and Punchnama.

Therfore as per me, the above said "CHARGE SHEET" is an " IN-COMPLETE CHARGESEET".

And, in one of the Judgement BOMBAY HIGH COURT: 1991 Cr.L.J (3329) Bombay, held as follows:

173. Report of police officer on completion of investigation.

(1) Every investigation under this Chapter shall be completed without unnecessary delay.

(2) (i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating-

(a) the names of the parties;

(b) the nature of the information;

(c) the names of the persons who appear to be acquainted with the circumstances of the case;

(d) whether any offence appears to have been committed and, if so, by whom;

(e) whether the accused has been arrested;

(f) whether he has been released on his bond and, if so, weather with or without sureties;

(g) whether he has been forwarded in custody under section 170.

(ii) The officer shall also communicate, In such manner as may be prescribed by the State Government, the action taken by him, to the person, if any, by whom the information relating to the commission of the offence was first given.

(3) Where a superior officer of police has been appointed under section 158, the report shall, in any case in which the State Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer in charge of the police station to make further investigation,

(4) Whenever it appears from a report forwarded under this section that the accused has been released on his bond, the Magistrate shall make such order- for the discharge of such bond or otherwise as he thinks fit.

(5) When such report is in respect of a case to which section 170 applies, the police officer shall forward to the Magistrate along with the report-

(a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation;

(b) the statements- recorded under section 161 of all the persons whom the prosecution proposes to examine as its witnesses.

(6) If the police officer is of opinion that any part of any such statement is not relevant to the subject- matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request.

(7) Where the police officer investigating the case finds it convenient so to do, he may furnish to the accused copies of all or any of the documents referred to in sub- section (5).

(8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub- section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub- sections (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub- section (2).

Therefore, the investigating officer collects material from all sides and prepares a report, which he files in the court as charge-sheet. The charge-sheet is nothing but a final report of police officer under Section 173(2) of the Cr.P.C. The statutory requirement of the report under Section 173(2) would be complied with of the various details prescribed therein are included in the report. This report is intimation to the magistrate that upon investigation into a cognizable offence the Investigation Officer has been able to procure sufficient evidence for the court to inquire into the offence and the necessary information is being sent to the court. In fact, the report under Section 173(2), purports to be an opinion of the Investigating Officer that as far as he is concerned he has been able to procure sufficient material for the trial of the accused by the Court. The report is complete if it is accompanied with all the documents and statements of witnesses required by Section 175(5). “

Therefore, either take benefit on their charge-sheet itself or if possible move Criminal revision to quash the criminal procceeding in the light of the above Judgment.

AEJAZ AHMED (Legal Consultant/Lawyer) 08 January 2009

1991 Cr.L.J (3329) Bombay, held as follows:

NO COGNIZANCE ON INCOMPLETE CHARGE-SHEET:

Sharadchandra Vinayak Dongre and others Vs.

The State of Maharashtra*

Held

A plain reading of S.173, Cr.P.C. shows that every investigation must be completed without unnecessary delay and as soon as it is completed, the Officer-in-charge of the Police Station shall forward a report to the Magistrate in the form prescribed. Therefore, there is no question of sending up to a “Police report” within the meaning of S.173 sub-sec.(2) until the investigation is completed. Any report sent before the investigation is completed will not be a Police report within the meaning of sub-sec.(2) of S.173 read with S.2 (r) and there is no question of the Magistrate taking cognizable of the offence within the meaning of S.190 (1) (b) on the basis of an incomplete charge sheet. The incomplete charge-sheets cannot be treated as a “Police report” at all as contemplated under S.173(2) to entitle the Magistrate to take cognizance of the offences. A Police report as defined in S.2 (r) can only be filed “as soon as the investigation is completed”. If it is not complete, no such report can be filed. When no report is forwarded as required by the Code, the Magistrate cannot take cognizance. Thus, unless all these steps are crossed, sub-sec.(8) cannot be pressed in aid for collecting further evidence which really can be called in aid if further evidence is discovered after the filing of the charge-sheet or the Police report on the completion of the investigation. Unless cognizance has been taken, sub-sec(8), cannot be set in motion. The Magistrate cannot take cognizance on the admittedly “incomplete charge-sheet” forwarded by the Police. In case the Magistrate is allowed to take cognizance on basis of incomplete charge-sheet then the provisions of S.167(2) or to say S.468 of the Cr.P.C., can always be circumvented by the prosecution and the apparent legislative intents under those provisions would not only be not effectuated but undoubtedly stultified.

______________________

*1991 Cr.L.J. 3329 (Bombay)

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 08 January 2009

I do agree with Mr. G.G.Shaikh Advocate

N thanx Md. AEJAZ AHMED for great information.

K.C.Suresh (Advocate) 09 January 2009

MC and Seizure mahazer are meterial documents. for your purpose you can make it from the source by RI Act or apply to court to cause the production of it by the custodian.