Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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srinivas (Accountant)     24 August 2009

what is charge sheet

Dear sirs,

Kindly tell me about charge sheet?

what is charge sheet?

can we add anymore person names in accused list after charge sheet was filled by police

it is recorded voice, or written statement?

where it to be prepared ? in police or infront of Judge in court

Kindly reply.

 

Thanking You

N.Srenivasarao

 

 

 



Learning

 23 Replies

K.C.Suresh (Advocate)     25 August 2009

Hallo sir, The charge sheet is called final report U/s 173 Cr.P.C. It is prepared by police after investigation and submitted to Court having jurisdiction. it can be altered by the court before framing the court charge. The court can add any person as accuse U/s 319 Cr.P.C.

1 Like

Sarvesh Kumar Sharma Advocate (Advocacy)     25 August 2009

the openiun of mr. k.c.suresh is right but words (FINAL REPORT) is wrong it is 169cr.p.c.

srinivas,

a chargesheet become after  investigation of any fir and investigation officer find that ofeence is made out.

d provision give in u/s-173 cr.p.c.

it has a specific performa-1-name of parties

2-type of information

3-name of d person who known of dt matter

4-ofeence (breif discription)

5-positon of accused (4 d matter of arresting)

6-if accused bail-out by d police (discribe)

7-or accused is in jail.

it is a breif of a chargesheet.

it depend on i.o. that in which type of evidence he collect oral or documentory.

pripration of a c.s. is a part of police.

yes there is specific provision u/s -319 cr.pc.to add anymore person in d case.

 

1 Like

Dharmesh Manjeshwar (Advocate/Lawyer)     25 August 2009

Once an FIR is filed at police station by a Complainant, if the offence is a cognizable offence, the persons named in the FIR are arrested and brought before the Court .... the Accused may or may not be released on Bil by the Court depending upon the seriousness of the contents of the complaint, facts & circumstances, etc ...... the police investigate in the said matter by recording statement of witnesses, opinions of experts if required in cases of heinous crimes like murder, rape, etc ( such as doctors, fingerprint experts, forensic labs reports, etc ), spot panchnama ( the report of police of the spot where the crime occurred ), blood sample report of the Accused and/or the victim, report on the weapons used for the offence & recovery of the same or not, etc

To say in short the case made out by the police against an Accused is termed as a Charge Sheet which consists of the FIR, statement of witnesses, written opinions of experts, spot panchnama & various reports as mentioned above. An accused has to put forward his defence at the time of trial & disprove the contents of the Charge Sheet ... which if disproved will result in his Acquittal from the case before the concerned trial court.

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srinivas (Accountant)     25 August 2009

Thanking You for your valuable reply.

 

ramprasad reddy. pottipati (Lawyer)     25 August 2009

Sir,

Chargesheet is a collection of facts after recording the statements by the police of the witnesses under part II G.D or 161 Cr.P.C and other material available during the course of investigation and finally the police will lay chargesheet and if there will be material available if the police satisfies even the police can file additional chargesheet under section 173(8) Cr.P.C or add the accused under sec 319Cr.P.C only during the trial.

Shree. ( Advocate.)     26 August 2009

Dear Srinivas,

When a Police officer gives a Police report under section 173 Cr.P.C. recommending prosecution, it is called a charge sheet. After questioning the accused and hearing the arguments, the magistrate frames charges on the accused for which he is tried. “

Here is a definition from a case (K.VEERASWAMI vs UNION OF INDIA (1991) 3 SCC 655)

“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). Nothing more need be stated in the report of the Investigating Officer. It is also not necessary that all the details of the offence must be stated. The details of the offence are required to be proved to bring home the guilt to the accused at a later stage i.e. in the course of the trial of the case by adducing acceptable evidence.“


Attached File : 6 judgments.process.08 10242003113112 am.doc downloaded: 1165 times
2 Like

tobelawyersoon (Designation)     25 July 2010

Dear Shree,

If the Police report u/s 173 CrPC does not mention commission of any offence and does not mention any charges but only says in the Report that  "Hon'ble Court may kindly call the witnesses as per witness list annexed with the report and close the case" . Can this be treated as Cancellation Report for closing the case or is it still a chargesheet?

Please advice me.

Regards,

 

Viswanath (Student)     30 September 2010

If a charge sheet is filed without any prima facie material, what is the remedy? Under what provision of law is such evidence made mandatory? 


(Guest)
mr shree. has given a vry clear explanation on charge-sheet.

dirdzReddy (Software engineer)     20 October 2010

Hello,

Can evidence not given during charge sheet prepration , be given after the charge sheet is filed and during trial..

if "Yes" --- why was it not submitted when the chargesheet was prepared by IO.

If"No" --- Why did the IO not collect the evidence during investigation.
 

Adv. Subhadeep Saha (Lawyer.)     13 October 2011

Mr. Vishwanath

If a chargesheet is filed without any prima facie material then accused can file a petition to the concerned high court u/sec.482 crpc for quashing the chargesheet. Or the accused can directly argue before the trial judge at the stage of 'discussion of charge' because the trail judge will only frame charge when he is satisfied that there is a prima facie case against the accused. For details refer to the different trial procedures under crpc depending upon the nature of the case in question like sessions trial, warrant trial etc.

After perusing the chargesheet the court may also ask the I/O to continue further investigation if he thinks that the accused might have committed the offence but there are not sufficient evidence in the chargesheet filed against him for the purpose of trial.

Adv. Subhadeep Saha (Lawyer.)     13 October 2011

Mr Reddy

Sec.173(8) crpc empowers an I/O to conduct further investigation in repect of a case for which chrgesheet has already been submitted in the court. Many a times new evidences and witnesses are discovered after the investigation ends & submission of chargesheet. At that time the I/O can submit a supplementary chargesheet in respect of the newly discovered evidences even after the commencement of the trial. It is upto the trial judge whether to accept or reject the supplementary chargesheet.

The I/O does not require prior permission of court to conduct further investigation & submit supplementary chargesheet.

Court can also order for re-investigation of a case by another I/O if the former I/O submits final report in court mentioning that no person could be held as accused in the case.

Adv. Subhadeep Saha (Lawyer.)     13 October 2011

Mr. Kishor Chhabria

The complainant in such case may file an application to the concerned magistrate u/sec.173(8) crpc for giving an order to conduct re-investigation of the case in respect of which I/O proceeded u/sec.169 crpc. The re-investigation must be conducted by a separate I/O. Then the magistrate may pass an order as he thinks fit. 

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 October 2011

Only re-investigation can be asked by the accused.

 

Regards,

 

Shonee Kapoor

harased.by.498a@gmail.com

2 Like

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