overleaf of the charge sheet regarding return and
6
resubmission of charge sheet would go to show that charge sheet
has already been filed ... termed as either incomplete or defective charge sheet.
Thus, mere return of charge sheet will not confer any right to the
accused to seek default
concerned with preliminary or final charge-sheet. With regard to filing of preliminary and final charge-sheets, we are having number of decisions ... charge-sheet within the stipulated time under the guise of filing defective charge-sheet and then knowing fully well that it will be returned. Until
present case, according to the petitioner, the
charge sheet was returned as defective for want of post-
mortem certificate in respect of Accused ... sheet was returned as defective.
It implies permission to cure the defects. The defects were
cured and the charge sheet was re-p[resented
submit that filing of a defective charge sheet and return of the same to rectify such defects amounts to non-filing of charge sheet ... period, the accused cannot be heard to say that the charge sheet filed is defective and hence is to be ignored
Magistrate is surely entitled to take cognizance even on a defective charge sheet under his powers spelt out in S. 190, Criminal
prosecution to file charge
sheet in the meantime and thereafter disposing the
application holding that charge sheet has been already
filed even though after expiry ... filed the charge sheet only on
19.09.2006. Earlier submission of the learned
Government Advocate (Criminal Side) that the draft
charge sheet was filed
document called the charge sheet, they were contained in a document annexed to the charge sheet" and this was, in the opinion ... case against the petitioner on the basis of the defective charge sheet was illegal.
12. The learned State Advocate contended that the provision of Section
list of accused in this charge sheet.
33. Paragraph No.1 and 2 of the amended charge sheet would go to show that the entire ... seems to be defect. The learned Additional Chief Metropolitan Magistrate has committed a grave blunder in taking a defective charge sheet on his file
list of accused in this charge sheet.
33. Paragraph No.1 and 2 of the amended charge sheet would go to show that the entire ... seems to be defect. The learned Additional Chief Metropolitan Magistrate has committed a grave blunder in taking a defective charge sheet on his file
Tamil Nadu , wherein it has been held that filing of a defective charge sheet and returning the same to rectify the defect, amounts ... filing of charge sheet and will not defeat the right of the accused to be released on bail after expiry of 90 days
