Rajendra Singh Sethia vs State on 17 June, 1985
(14) Mr. B. Dutta, learned Add/. Solicitor General of India. referred to a decision of the Patna High Court in Badsah Mian v. The State of Bihar (1978 BBCJ 160) (3). In this case, the petitioner was named as one of the 9 accused mentioned in the F.I.R. from amongst several dacoits. He was alleged to have been armed with a gun and was identified by certain witnesses. It was also alleged that there was a scuffle between the dacoits and the prosecution party resulting in injuries to some of the dacoits as a result of which one of them died. One of the injured dacoits made an extra-judicial confession implicating the petitioner and others. After investigation the police submitted a charge sheet stated as preliminary charge sheet against the petitioner and. one Chandrika Ahir. A second charge sheet (without the heading preliminary charge sheet) was thereafter submitted in respect of six other coaccused, It was contended by the petitioner that a preliminary charge sheet was no charge sheet in law and it was filed merely with a view to defeat the provisions of S. 167(2) of the Code and in such circumstances the petitioner was entitled to bail. The court rejected the contention of the petitioner and held that- "If a police report--whether called by the name of preliminary or final charge sheet -contains all these materials, it is a final form irrespective of the name by which it is described Therefore, it is the substance of the report which has to be looked into and not merely the name given to it and it is not the time of filing the report which will be the main criterion to decide as to whether it i- a final form or not.