TMI Blog2002 (4) TMI 973X X X X Extracts X X X X X X X X Extracts X X X X ..... Procedure 1973 2. The Special Court (Trial of Offences Relating to Transactions in Securities) at Bombay by judgment and order dated 26th July, 2000, rejected Miscellaneous Application No. 338 of 2000 in Special Case No. 3 of 1997 filed by the Central Bureau of Investigation (CBI) for production of additional documents in a case where application for discharging the respondents was filed. Aggrieved by the said judgment, the CBI has preferred this appeal. 3. The prosecution story in brief is that-during the period 2.4.1992 to 20.5.1992, the FIM Division, Bombay of Syndicate Bank received funds aggregating to ₹ 132.23 crores for Portfolio Management from Oil Industries Development Board, New Delhi. It was alleged that R. Sundares ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments, which were gathered during investigation but were not produced before the Court. The application was rejected. Hence, this appeal. 4. Mr. P.P. Malhotra, learned senior counsel for the appellant submitted that the order passed by the Special Judge is on the face of it illegal and contrary to the provisions of Section 173(5) of the Code of Criminal Procedure. It is his contention that normally the Investigating Officer is required to produce all the relevant documents at the time of submitting report, but the Investigating Officer committed mistake is not producing certain documents as in his opinion those documents were not relevant. Thereafter, it was found that those documents were relevant so as to connect the accused with the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ody under Section 170. (ii) The officer shall also communicate, in such manner as may be prescribed by the State government, the action taken by him to the person, if any, by whom the information relating to the commission of the offence was first given. (3) ..... (4) ..... (5) When such report is in respect of a case to which Section 170 applies the police officer shall forward to the Magistrate along with the report- (a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation: (b) the statements recorded under Section 161of all the persons whom the prosecution proposes to examine as its witnesses. (6) ..... (7) ..... ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the documents gathered during the investigation upon which the prosecution wants to rely are required to be forwarded to the Magistrate, but if there is some omission, it would not mean that the remaining documents cannot be produced subsequently. Analogous provision under Section 173(4) of the Code of Criminal Procedure, 1898 was considered by this Court in Narayan Rao v. The State of Andhra Pradesh 1957CriLJ1320 and it was held that the word 'shall' occurring in Sub-section 4 of Section 173 and Sub-section3 of Section 207A is not mandatory but only directory. Further, the scheme of Sub-section (8) of Section 173 also makes it abundantly clear that even after the charge-sheet is submitted, further investigation, if called for, is n ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
