Code of Criminal Procedure does not contemplate a
preliminary charge-sheet and a final charge-sheet. What is contemplated is
only a police report within ... incomplete or preliminary charge-sheet and later on a final charge-sheet.
Section 173(2) enjoins submission of a charge-sheet after completion of
investigation
file another charge-sheet calling it a final charge-sheet, striking off the names of three of the accused included in the preliminary charge-sheet ... charge-sheet and therefore the police had no power to continue their investigation and file a second charge-sheet calling it a final charge-sheet
only a preliminary charge-sheet and it is nota
final charge-sheet as it is stated in the charge-sheet that some
more material witnesses ... charge-sheet was filed on 28.08.2020.
Therefore, the date of filing the charge-sheet is not in
controversy. So, it is now evident that charge
charge-sheet cannot
circumvent the provisions of sub-section (2) of section
173 of the Code and incomplete report or an
incomplete charge-sheet with ... police are in
the habit of filing preliminary charge-sheet or an
incomplete charge-sheet keeping some part of the
investigation pending as a clever
Kannabhiran, no doubt the preliminary charge-sheet is dated 17-7-74 while the final charge-sheet was filed an 19-8-74. It is argued ... were contained in the preliminary charge-sheet and was not aware of the facts contained in the final charge-sheet and that therefore the sanction
charge-sheet) was submitted recommending trial of this petitioner and one Chandrika Ahir for the offence aforesaid. Another charge-sheet (without the heading preliminary charge ... counsel for the petitioner has urged that a preliminary charge-sheet is no charge-sheet in law and it was filed merely with a view
preliminary charge-sheet has
been filed and supplementary charge-sheet is yet to be filed. Therefore, as per
argument, by filing the preliminary charge-sheet ... that in the present
case, the charge-sheet submitted against the petitioners was not a preliminary
charge-sheet and that whether said charge-sheet
submission of Final Charge
sheet and further order."
8. On 11.08.2021, the Investigating Officer submitted the
"final charge-sheet" and the order ... also submitted Two (02)
sheets of Case Diary along with final charge sheet (in
total 12 sheets).
Perused the charge sheet along with the case
available at the time
of filing of charge-sheet would neither vitiate the
charge-sheet, nor would it entitle the accused to claim
right ... bail on the ground of submission of
an incomplete charge-sheet or that the charge-sheet
was not filed in terms of Section
charge-sheet cannot
circumvent the provisions of sub-section (2) of section
173 of the Code and incomplete report or an
incomplete charge-sheet with ... police are in
the habit of filing preliminary charge-sheet or an
incomplete charge-sheet keeping some part of the
investigation pending as a clever
