Chetan (Advocate) 07 January 2009
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
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:
RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 08 January 2009
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.
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