Charge sheet without custodial enquiry

Balaji Bakthavathsal (Querist) 27 January 2012 This query is : Resolved
A FIR was filed by the Crime Branch Police in Tamil Nadu on a property grabbing case under the orders of the High Court of Chennai. Though it is more than two years, charge sheet was not filed till date. The first two persons of the prime accused were not called for enquiry and their statments not obtained till date. When the Inspector was approached and asked about the status of the FIR, he keeps on telling that the charge sheet is getting ready to be filed. Next week, next week... like this every time he is telling. My question is, whether the Inspector can file the Charge Sheet in the court with out calling the accused for an enquiry and without obtaining the written statment from the accused ? Will it stand in the court ?

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Shonee Kapoor (Expert) 27 January 2012
Yes, it can be done based on other records.

If the accused are on AB, no need to get him examined.

Regards,

Shnee Kapoor
harassed.by.498a@gmail.com

Raj Kumar Makkad (Expert) 27 January 2012
Generally accused persons are included in the enquiry and mostly courts while granting AB also impose a condition that the petitioner/accused shall join the investigation as and when called by IO but it depends upon the IO to call the accused to join the investigation.

If IO is not taking interest to complete his enquiry then an application can be moved before area magistrate to direct the IO to file charge-sheet within a stipulated period. As per latest verdict of Hon'ble Apex Court, trial magistrate has ultimate control over the investigation and he can direct IO to complete his investigation and file the charge-sheet within a stipulated time.