Delhi High Court: Incomplete Chargesheet Doesn’t Necessarily Invalidate Case

LI Network

Published on: February 11, 2024 at 12:37 IST

The Delhi High Court recently ruled that a chargesheet filed by the prosecution doesn’t become invalid even if some related documents aren’t included initially.

Justice Anoop Kumari Mendiratta clarified that while all relevant documents should ideally accompany the chargesheet, their absence might not be fatal if “plausible reasons” exist.

This decision comes in response to a cheating case where the accused argued for statutory bail due to an “incomplete” chargesheet. Even though the chargesheet was filed within the legal timeframe and the court took cognizance of the offenses, some documents were pending collection by the investigating officer.

The Court emphasized that Section 173(8) of the Code of Criminal Procedure allows further investigation even after charges are filed.

Therefore, the pendency of such investigation or missing documents wouldn’t automatically invalidate the chargesheet itself.

This ruling clarifies the legal position on chargesheets and their completeness. While complete documentation is preferred, minor absences, with justifiable reasons, won’t necessarily derail the legal process.

However, it’s crucial to remember that this judgment relates to a specific case and legal advice should be sought for individual situations.

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