Chargesheet Will Not Be Invalidated If Some Documents Relied Upon By Prosecution Are Not Filed
The principle laid down by the Delhi High Court that:
“A chargesheet will not be invalidated merely because some documents relied upon by the prosecution are not filed along with it.”
This principle is consistent with criminal procedural law and supported by various judicial pronouncements.
🔹 Legal Issue:
Whether non-filing of certain documents relied upon by the prosecution along with the chargesheet renders the chargesheet invalid or incomplete?
🔹 Delhi High Court’s Ruling:
The Delhi High Court has clarified that non-filing of some documents along with the chargesheet does not render the chargesheet invalid, nor does it vitiate the entire prosecution. The chargesheet is considered complete if it meets the requirements under Section 173(2) CrPC, and the missing documents can be supplied at a later stage.
🔹 Legal Framework: Section 173 of CrPC
Section 173(2) CrPC: When the investigation is completed, the police officer shall forward a report (chargesheet) to the Magistrate, including:
The names of parties,
The nature of the information,
Names of witnesses,
Whether any offence appears to have been committed,
Whether any accused has been arrested,
Whether any evidence has been collected, etc.
There is no statutory requirement that every single piece of evidence or document must be annexed to the chargesheet at the time of its filing. What is required is substantial compliance.
🔹 Key Judicial Reasoning by Delhi HC:
Substantial Compliance Suffices:
As long as the report provides sufficient material to frame charges and initiate prosecution, the chargesheet is considered complete.
Documents not annexed can be supplied later under Section 173(8) CrPC or at the stage of Section 207 CrPC (supply of documents to accused).
No Prejudice Caused:
The accused’s right to a fair trial is not violated as long as all documents are eventually provided before the trial begins.
There must be demonstrable prejudice or miscarriage of justice to challenge the chargesheet on this ground.
Filing of Supplementary Chargesheet:
Missing documents can be included in a supplementary chargesheet.
Section 173(8) allows further investigation and filing of additional documents.
🔹 Supporting Case Laws:
1. State vs. Raj Kumar Jain
Delhi High Court
The Court held that merely because certain call detail records and CCTV footage were not filed with the original chargesheet did not render the chargesheet incomplete.
It allowed the prosecution to supply the same before framing of charges.
2. CBI vs. Ashok Kumar Aggarwal, (2014) 14 SCC 295
Supreme Court of India
The Court held that non-filing of all relied documents at the time of filing chargesheet does not vitiate it.
Prosecution can file supplementary chargesheets or furnish additional documents later.
3. Sidhartha Vashisht @ Manu Sharma vs. State (NCT of Delhi), (2010) 6 SCC 1
The Supreme Court observed that non-filing of certain documents is not fatal, unless it causes real and demonstrable prejudice to the accused.
4. State vs. Rakesh Kumar (Delhi HC)
The Court reiterated that Section 173(2) CrPC doesn't mandate annexure of every single document.
As long as the investigating agency has collected the material and can supply it at the appropriate stage, the chargesheet remains valid.
5. Nitya Dharmananda vs. Gopal Sheelum Reddy, (2018) 2 SCC 93
The Supreme Court clarified that further investigation and filing of supplementary chargesheet is permissible, and there is no bar to filing additional documents after the initial chargesheet.
🔹 Summary of Legal Position:
| Aspect | Legal View |
|---|---|
| Filing of FIR & Investigation Completed | Chargesheet is filed under Section 173(2) CrPC |
| All Documents Not Attached Initially | Not fatal to validity of chargesheet |
| Accused's Rights | Protected under Section 207 CrPC (documents must be provided before trial) |
| Supplementary Filing | Allowed under Section 173(8) CrPC |
| Test of Prejudice | Only if real prejudice is caused to the accused, chargesheet may be challenged |
🔹 Conclusion:
The Delhi High Court has rightly taken the practical and legally sound view that mere non-filing of some relied documents with the initial chargesheet does not invalidate the chargesheet. As long as the accused is not prejudiced and the documents are supplied before trial, the prosecution is not derailed.
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