TMI Blog1984 (4) TMI 321X X X X Extracts X X X X X X X X Extracts X X X X ..... within 90 days. This contention was overruled and the petition was dismissed by the learned Chief Judicial Magistrate. The legality and propriety of this order is challenged in this revision petition. 2. Learned Counsel for the revision petitioners would contend that the Code does not contemplate piecemeal investigation and incomplete charge-sheet, that Section 173 contemplates only the filing of charge-sheet after completion of investigation of the case, and where several offences are involved in a case, a valid charge-sheet could be laid only after investigation and formation of opinion regarding all the offences is complete, that in the first charge-sheet the investigator stated that investigation was proceeding and an additional charge-sheet would be laid and this would clearly show that when the first charge-sheet was laid investigation was incomplete. Thus, learned Counsel would contend that the first charge-sheet filed on 7.2.1984 was a charge-sheet filed without completing the investigation and was as such invalid and therefore detention after a period of 90 days would be illegal and accused are entitled to bail as a matter of right. Learned Counsel drew a distinction betwe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o m take steps to investigate the facts and circumstances of the case and to take measures for the discovery and arrest of the offender. The powers of the police officer in the course of investigation are dealt with under Sections 160 to 1631, 165 and 166. Where any person is arrested and detained in custody and it appears that the investigation cannot be completed within a period of 24 hours fixed by Section 57 and there are grounds for believing that the accusation or information is well founded. Section 167(1) requires that the investigator shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary relating to the case and forward the accused to such Magistrate. Sub-section (2) requires that the Magistrate may from time to time authorize the detention of the accused in appropriate custody for a term not exceeding 15 days in the whole. The proviso authorises detention beyond the period of 15 days but up to a period of 90 days in the case of grave offences and 60 days in the case of other offences where the Magistrate is satisfied that adequate grounds exist for doing so. But under no circumstances shall the Magistrate authorize the detention of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isions of Sub-sections (2) to (6) shall as far as may be applied in relation to such report or reports as they apply in relation to a report forwarded under Sub-section (2). 6. Chapter XIV deals with conditions requisite for initiation of proceedings. Section 190 deals with cognizance of offences by Magistrate. Subject to the provisions of the Chapter, the appropriate Magistrate may take cognizance of any offences under any one of the three circumstances enumerated in Clauses (a), (b) and (c) of Sub-section (1). They are, receipt of a complaint of facts which constitutes such offence a police report of such facts and information received from any person other than a police officer or upon his own knowledge that such offence has been committed. One may notice in this connection, the altered definition of police report in the present Code. Section 2(a) of the Code defines police report as a report forwarded by a police officer to a Magistrate under Sub-section (2) of Section 173 of the Code. 7. Chapter XVI deals with commencement of proceedings before Magistrates. Sub-section (1) of Section 204 states that if in the opinion of a Magistrate taking cognizance of an offence there is suf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2(c) defines cognizable offence as an offence for which and cognizable case as a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant. Section 2(h) defines investigation as including all proceedings under the Code for the collection of evidence conducted by a police officer etc. Interpreting the expression Committal of the Case , a Full Bench of this Court in Natesan v. Peethambharan 1984 Ker LT 116 : 1984 Cri LJ 324, observed As we understand the expression, it only means 'Case presented to Court and taken to file1 and nothing more. The expression 'Case' is not, synonymous with occurrence or crime or transaction.... 'Case' only means the case taken on file by the Magistrate on taking cognizance.... So, there could be plurality of eases in regard to the same offence leading to plurality of committal proceedings and orders. The word 'Case' cannot be interpreted in a narrow and technical way. It has to be understood in the general sense of the term.... 10. The expression case used in the provisions under examination has to be understood in the general sense an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tated that additional charge-sheet for offence under Section 201 would be laid in a short period as investigation is proceeding thereto. This would prima facie show that on the date when the first charge-sheet was laid the investigation in regard to offence under Section 201 was not complete and therefore investigation in the case was not complete. About a week later, the additional charge-sheet was filed incorporating Section 120B I.P.C. read with Section 201 I.P.C. and Section 201 I.P.C. read with Section 34 I.P.C. No new witness or document or material object was cited along with the additional charge-sheet. On the same day, the investigator submitted a report stating that after submission of the first charge-sheet or final report, he did not conduct any investigation, that he was waiting for expert legal opinion in regard to the offence under Section 201 I.P.C. as he surmised that such an offence was made out against the accused and that he was filing additional charge-sheet on the basis of the evidence and the investigation conducted by him prior to the filing of the first charge-sheet. According to the learned Public Prosecutor, the statement in the first charge-sheet that in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l and if so taking the necessary steps for the same by the filing of a charge-sheet under Section 173.... It is also clear that the final step in the investigation, viz., the formation of the opinion as to whether or not there is a case to place the accused on trial is to be that of the officer in charge of the police station. There is no provision permitting delegation thereof but only a provision entitling superior officers to supervise or participate under Section 551. (Emphasis supplied) 15. It was argued before the Supreme Court that the legislative policy would be served if the charge-sheet was filed by the authorised officer after forming his own opinion as to whether or not there is a case to place the accused on trial before the court. Rebutting this plea, the court observed: There is, however, no reason to think that the policy comprehends within its scope only some and not all the steps involved in the process of investigation which, according to the scheme of the Act, have to be conducted by the appropriate investigating officer either directly or when permissible through deputies, but on his responsibility.... 16. Formation of opinion as to whether on the evidence coll ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igation is vitiated. The court observed: Now, trial follows cognizance and! Cognizance is preceded by investigation. This is undoubtedly the basic scheme of the Code in respect of cognizable cases. But it does not necessarily follow that an invalid investigation nullifies the cognizance or trial based thereon.... A defect or illegality in investigation, however serious, has no direct bearing on the competence or the procedure relating to cognizance or trial. No doubt a police report which results from an investigation is provided in Section 190 Cri.P.C. as the material on which cognizance is taken. But it cannot be maintained that a valid and legal police report is the foundation of the jurisdiction of the Court to take cognizance.... ... While no doubt in one sence, Clauses (a), (b) and (c) of Section 190(1) are conditions I requisite for taking of cognizance, it is not possible to say that cognizance on an invalid police report is prohibited and is therefore a nullity.... If, therefore, cognizance is in fact taken, on a police report vitiated by the breach of a mandatory provision relating to investigation, there can be no doubt that the result of the trial which follows it canno ..... X X X X Extracts X X X X X X X X Extracts X X X X
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