Magistrate is surely entitled to take cognizance even on a defective charge sheet under his powers spelt out in S. 190, Criminal
file to the
Assistant Manager to issue charge sheets against the concerned.
They served the charge sheets through Assistant Manager
(Mechanical) on the concerned mechanics ... Depot Manager has to
dispose those charge sheets. This A.O. has no authority to
dispose the charge sheets. It is true that even prior
authorized investigating officer
has not applied his mind before filing the charge-sheet. There are
chances that after making investigation, the investigating officer
may reach ... been done, it would be nothing but a
procedural defect in presenting the charge sheet against the
applicant. The satisfaction to be recorded
investigation in sixty days, after the defect is cured by
the filing of a charge-sheet, the prosecution may seek to have the bail
cancelled ... defeated by lapse of time, the filing of the
charge sheet or by remand to custody under Section 309(2). There is no limit
Kalanithi Maran ..Petitioner vs The State Represented By on 9 November, 2018
Author: N. Anand
record and documents annexed
with by the prosecution.
13. Quashing of a charge is an exception to the rule
of continuous prosecution. Where the offence ... formed prima facie.
14. Where the charge-sheet, report under Section
173(2) CrPC, suffers from fundamental legal
defects, the Court may be well within
Combined Discussion On The Prevention Of Money Laundering Bill, 1999 And Foreign ... on 2 December
quash the
entire proceedings from the First Information Report, dated
30.4.2002, Charge Sheet Nos.2 and 1, dated 28.4.2004 and all
further proceedings against ... against the
petitioner herein; the charge sheets and the statements
relied on for the same are also inherently defective in
particulars and there
conferred on this Court by the Constitution are
ample to remedy this defect and to ensure enforcement of
the concept of equality.
50. There ... investigation; progress of
investigations; cases in which charge-sheets are filed and
their progress. The CVC shall review the progress of all
cases moved
Corruption Act. Thereafter. he made
further investigation and submitted a charge sheet. The
respondent was tried and convicted by the Special Judge
under ... other branches
of the Special Police Establishment, and thereafter
submitted the charge-sheet. In short, after taking the
permission of the Magistrate, he started practically