Validity of cognizance and prosecution sanction
rakesh
(Querist) 21 March 2012
This query is : Resolved
investigation agency, after completion of investigation, files charge sheet in court and the court took cognizance of the same. But when copy of charge sheet is supplied to the accused, it is found that the documents on the basis of which charges were framed, are not part of charge sheet. Then question arises, how the court took cognizance of the offences and how the competent authority granted the prosecution sanction in the absence of these documents. Please explain:-
1. procured followed in court after submission of charge sheet in court and before the court take cognizance of offences?
2.Is the cognizance taken by court is valid?
3. Can court allow investigation agency to attach the documents after the court has taken cognizance of offences and competent authority has granted the prosecution sanction, but charges has not been framed yet?
4. is the prosecution sanction granted by competent authority without going through these documents is valid?
3.
Adv.R.P.Chugh
(Expert) 21 March 2012
Dear Mr.Rakesh,
If the documents were otherwise also sufficient on which the sanctioning authority and the court taking cognizance could form the prima facie opinion as should warrant a further inquiry/trial into guilt, no fault can be found with the filing of documents later. At the time of taking of cognizance - the scope of scrutiny is very narrow.
As regards filing of documents post-cognizance - the police has a right to investigate even after submission of chargesheet as per S.173(8) and put on record the findings, however it is normal practice to seek court's approval before doing that.
Argue well on discharge !
Shonee Kapoor
(Expert) 21 March 2012
Only those documents which were not in possession of the prosecution at the time of filing of CS are admissible later.
Courts generally don't take the same easily.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
rakesh
(Querist) 24 March 2012
i would furthet want to know the procured followed in court after submission of charge sheet in court and before the court take cognizance of offences?i.e the role of different staff members of court and also that of PP?
I mean so say whether help/consent of public prosecutor or any other staff member of court is taken by judge before taking cognizance on charge sheet submitted by CBI in the court. i am told that charge sheet is checked by staff of the court and PP also to verify that the charge sheet is complete and there are documents and statement of witnesses to establish the charges. if later on, it is found that there were no documents to establish the charger, can PP or any other staff of court be held responsible for not pointing out this fact to the court
Shonee Kapoor
(Expert) 30 March 2012
unable to understand your query.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
