New Delhi: Delhi High Court has ruled that a chargesheet will not be invalidated if the documents relied upon by the prosecution are not filed along with it.
The single judge bench of Justice Anoop Kumari Mendiratta made the observations while dismissing a plea moved by an accused seeking statutory bail in a cheating case on the ground that some original documents were to be collected by the investigation officer during the course of the probe, but no steps were taken despite filing an application before the court concerned.
“Ordinarily though, all the documents relied upon by the prosecution should accompany the chargesheet. Nonetheless, if for some plausible reason all the documents are not filed along with the chargesheet, this itself would not invalidate or vitiate the chargesheet,” the bench said.
The court rejected the contentions as without merit and observed that the chargesheet was filed within the stipulated period of 90 days and cognizance of the offences was taken.
“In the facts and circumstances of the present case, this court is of the opinion that the chargesheet having been filed against the petitioner within the prescribed limit and cognizance having been taken by the concerned court, the petitioner cannot claim the statutory right of default bail under section 167 (2) of CrPC merely because some investigation under section 173(8) of CrPC may be required,” the court concluded.
The single judge bench of Justice Anoop Kumari Mendiratta made the observations while dismissing a plea moved by an accused seeking statutory bail in a cheating case on the ground that some original documents were to be collected by the investigation officer during the course of the probe, but no steps were taken despite filing an application before the court concerned.
“Ordinarily though, all the documents relied upon by the prosecution should accompany the chargesheet. Nonetheless, if for some plausible reason all the documents are not filed along with the chargesheet, this itself would not invalidate or vitiate the chargesheet,” the bench said.
The court rejected the contentions as without merit and observed that the chargesheet was filed within the stipulated period of 90 days and cognizance of the offences was taken.
“In the facts and circumstances of the present case, this court is of the opinion that the chargesheet having been filed against the petitioner within the prescribed limit and cognizance having been taken by the concerned court, the petitioner cannot claim the statutory right of default bail under section 167 (2) of CrPC merely because some investigation under section 173(8) of CrPC may be required,” the court concluded.