All docs with charge sheet preferable, but valid even without it: Delhi HC
New Delhi, Feb 10 (IANS) The Delhi High Court has said that a charge sheet will remain valid even if all the documents relied upon by the prosecution are not filed along with it.
Justice Anoop Kumar Mendiratta said, “While it is preferable for all documents to accompany the charge sheet, their absence does not invalidate it.”
The court clarified that the right of an Investigating Officer to conduct further probe under Section 173(8) of the Cr.P.C. is not compromised merely because a charge sheet has been filed against the accused under Section 173(2) of the Code.
It said that if the court is satisfied with the evidence presented along with the charge sheet and takes cognisance of the offence, the pending further investigation or absence of certain documents, does not affect the validity of the charge sheet.
Justice Mendiratta made these observations while dismissing a plea by an accused seeking statutory bail in a cheating case, arguing that the incomplete charge sheet should be a ground to grant bail.
The accused claimed that certain original documents were yet to be collected by the Investigating Officer, despite filing a request before the court.
The court rejected the plea, noting that the charge sheet was filed within the prescribed 90-day period, and cognisance of the offences was taken by the court.
It said that the absence of some documents or pending further investigation does not entitle the accused to statutory bail under Section 167(2) of the Cr.P.C.