mere submission of a charge sheet also cannot ipso facto preclude further investigation, if defects of investigation are noted. It would be useful here
record and documents annexed with by the
prosecution.
14. Quashing of a charge is an exception to the rule of
continuous prosecution. Where the offence ... formed
prima facie.
15. Where the charge-sheet, report under Section
173(2) CrPC, suffers from fundamental legal
defects, the Court may be well within
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 ... investigation within the prescribed time limit, after the defect is cured by filing of a charge-sheet, the prosecution may seek to have the bail
claims to have examined PW17
immediately, but, a perusal of the charge-sheet show that this
witness was added as LW41 pursuant to an Order ... this
witness along with the charge-sheet filed in the court.
15-d) Coming to the defects and the discrepancies in the
DNA analysis
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
with the passage of time on the filing of the charge-sheet. That we have explained is not a correct view.
Thus a perusal of this ... will not cure this defect and the order of bail cannot be cancelled only on the ground that the charge-sheet has been filed
investigation cannot result in a valid charge-sheet and facing trial on such biased investigation and charge-sheet would be violative of fundamental right ... charge-sheet which has filed in the present case as well as the entire proceedings on the basis of said charge-sheet is liable
false by the second I.O., Circle Officer did not charge sheet them. Session's Judge, also did not find sufficient reasons to summon ... wielding his power under section 319 of the Code. There are glaring defects and inherent contradictions in the testimonies of two fact witnesses
procedural defect shall stand cured. In view of above and coupled with the fact that the charge sheet was submitted against applicant before expiry
procedural defect shall stand cured. In view of above and coupled with the fact that the charge sheet was submitted against applicant before expiry
