Nithyakalyani Narayanan. V
While dismissing a petition presented by an accused in a cheating case seeking statutory bail, Justice Mendiratta observed that the chargesheet was incomplete, despite the fact that it was filed on time on the ninetieth day. The Delhi High Court has held that if the prosecution’s supporting documentation is not filed with the chargesheet, it will not be deemed void or tainted.
A single bench of Justice Anoop Kumari Mendiratta stated that even though it is customary for all of the prosecution’s supporting documentation to be filed with the charge sheet, this does not automatically render it void or invalid.
The court ruled that the mere fact that the chargesheet against the accused was submitted under Section 173(2) of the Code does not waive the Investigating Officer’s right to conduct additional inquiry under Section 173(8) of the Cr.P.C.
The accused claimed that despite filing an application with the relevant Court, no action was taken, even though some original papers were supposed to be gathered by the IO throughout the inquiry.
The court, however, dismissed the arguments as meritless and noted that the chargesheet was submitted within the allotted 90 days, at which point the violations were recognised.
It was also opined that since the charge sheet against the petitioner was filed within the required timeframe and the concerned court granted cognizance, the petitioner is not entitled to the statutory right of default bail under Section 167(2) of Cr.P.C. just because Section 173(8) of Cr.P.C. may call for an investigation.
Name of the case: Oma Ram v. State of GNCTD, BAIL APPLN.4210/2023.
Bench: Justice Anoop Kumar Mendiratta.