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In policing on the Indian subcontinent, a chargesheet is prepared after first information reports (FIRs), and charges an individual for (some or all of) the crimes specified in those reports.[1][unreliable source] [2][3]
Once the chargesheet has been submitted to a court of law, the court decides as to who among the accused has sufficient prima facie evidence against them to be put on trial. After the court pronounces its order on framing of charges, prosecution proceedings against the accused begin in the judicial system.[4]
The Enforcement Directorate (ED) on December 2 filed a 60-page chargesheet against Aam Aadmi Party (AAP) MP, Sanjay Singh, in connection with a case of money laundering associated with the Delhi excise policy scam. The court will take cognisance of the chargesheet on Monday, December 04.
The chargesheet, filed to Special Judge M.K. Nagpal of Rouse Avenue Court, is the fifth supplementary chargesheet in the money laundering case in which the investigative agency has charged Mr. Singh under provisions of the Prevention of Money Laundering Act (PMLA).
India's wrestlers have said they may have to take some "hard calls" on deciding their next step in their long-running protest against the former head of the Wrestling Federation of India Brij Bhushan Sharan Singh. Their protests had led to Delhi Police filing a chargesheet on Friday against Singh, an MP from the BJP, and the wrestlers say they will need time to study the charges before commenting on them.
Fugitive businessman Vijay Mallya bought properties worth Rs 330 crore in England and France during 2015-16 even as his Kingfisher Airlines was facing a cash crunch at the same time, the Central Bureau of Investigation (CBI) has claimed in its supplementary chargesheet filed in a Mumbai court.
The chargesheet said the exposure of IDBI Bank was to be restricted to the aggregate amount of Rs 750 crore, but it became Rs 900 crore in December 2009 because the STL of Rs 150 crore was kept as a separate loan, largely at the behest of Dasgupta.
Courts of one country seek the assistance of the courts in another for the administration of justice there through letters or rogatory. The chargesheet mentioned the evidence collected during a foreign investigation from these countries.
The chargesheet claimed that Mallya had adequate funds at his disposal between 2008 and 2016-17, but none of it was brought to support the airlines as equity infusion or to honour his obligations as a personal guarantor for the loans availed by KAL from IDBI and other banks in India.
The chargesheet further said that significant amounts were diverted from 2007 to 2012-13 and used to make payments towards the acquisition and repayment of the loan for the corporate jet used personally by Mallya.
ED filed the chargesheet against Sisodia, accused of rigging excise policy to favour stakeholders in the liquor business of the national capital territory, before a designated special judge of Rouse Avenue Courts .
The Court, said sources, will take cognisance of the chargesheet at another date. Out of the 2,000 pages, 271 the portion containing accumulation of investigation carried out against Sisodia, who was also the excise minister at the time of framing of policy, said sources.
While the Pune City Police have levelled serious charges, its rural counterpart had filed another chargesheet in March naming Ekbote as a prime accused in the violence at Bhima Koregaon. In another case, a senior Hindutva leader Manohar Bhide was named along with Ekbote for instigating Marathas to attack Dalits visiting the war memorial at Bhima Koregaon village.
The supplementary chargesheet, filed by the investigating agency in a local court designated to try money laundering cases in Delhi a few days ago, made startling revelations about the financial transactions that Kavitha and her husband allegedly carried out with Phoenix Group of companies, against which the Income Tax (I-T) Department had conducted raids recently.
It was confessed that the "madam" mentioned in the text messages while finalising shares in the Indo Spirits Group was none other than Kavitha. From the text messages, it was also found that Kavitha used her clout to get the wholesale business of ABD for her close associate Srujan Reddy and refused to give a share in the dealership to others, as happened in the Indo Spirits, which the ED alleged, was held in benami by Kavitha and Magunta family along with Delhi-based Sameer Mahendru. Kavitha got a partnership in Indo Spirits in the name of Arun Pillai in exchange for funds she had paid to AAP through Vijay Nair, the ED stated in the chargesheet.
The Central Bureau of Investigation (CBI) on Monday filed a chargesheet in an alleged land-for-jobs scam case involving former Bihar CM Lalu Prasad Yadav, his wife Rabri Devi, son Tejashwi Yadav and others. The chargesheet has been filed before Delhi's Rouse Avenue Court. However, no date for the hearing on this chargesheet has been provided yet. The case is already scheduled for a hearing on July 12.
In October last year, the central agency had filed a chargesheet against Lalu Prasad Yadav, Rabri Devi, and 14 others. In its chargesheet, the agency alleged that irregular and illegal appointments of candidates were made in Central Railways, violating the norms, guidelines, and procedures of railways.
The chargesheet said that as a quid-pro-quo, selected candidates, directly or through immediate relatives or family members, sold land to family members of Lalu Prasad Yadav, who was the then Railway minister. The land was sold at a discounted rate of one-fourth to one-fifth of the prevailing market rate.
According to the chargesheet, all the candidates after their engagement as substitutes were subsequently regularised. In lieu of getting them appointed in railways, Lalu Prasad Yadav got the lands transferred owned by candidates and their family members in the names of his wife Rabri Devi and daughter Misha Bharti for sale consideration, which was much less than the prevailing circle rates as well as the prevailing market rates, the agency said.
The SC in the case of Ritu Chhabria v. Union of India held that incomplete chargesheets filed by investigative authorities to deny regular bail violate rights of an accused. This decision was criticised for hampering further investigation powers under section 173(8). This post argues that 173(8) is meant to allow additional evidence after a complete chargesheet is filed, not to continue incomplete investigations. The Court should clarify that incomplete chargesheets are not true 173(2) chargesheets, so further investigation must first yield a complete chargesheet before any supplementary ones. This would not affect 173(8) powers but would protect against misuse of incomplete chargesheets to deny bail.
As per the authors, the argument of the Union is erroneous, because Ritu Chhabria does not affect the power to conduct further investigation. However, the judgement fails to explain that an incomplete chargesheet does not amount to a report under section 173(2) CrPC and left the question of conducting further investigation under section 173(8) CrPC unclear. The authors shed light on why such a clarity is required and critiques the existing practice of filing an incomplete chargesheet, and then filing multiple supplementary chargesheets under section 173(8) CrPC.
As noted in Dinesh Dalmia v. CBI, a charge-sheet under section 173(2) CrPC is a final report, filed to assist the court to decide whether cognizance is to be taken or not. It is required to be filed after the investigation is completed, and not to be submitted while the investigation is ongoing. As observed in Sharadchandra Vinayak Dongre v. State of Maharashtra, a chargesheet filed without completing an investigation amounts to an incomplete chargesheet, which cannot be treated as a police report within the meaning of section 173(2) CrPC. Therefore, on the basis of such an incomplete report, the magistrate cannot take cognizance under section 190(1)(b) CrPC.
This distinction between a charge sheet and incomplete chargesheet is pertinent as we will see in the next section as to how this has a connection with the procedure regarding submitting supplementary chargesheet.
The law commission in its 14th and 41st report criticised presenting preliminary report for causing indefinite custody without trial. To protect the accused, guarantee of default bail under section 167(2) CrPC was introduced. However, as per Ritu Chhabria, preliminary report has now taken the form of incomplete chargesheet, filed to scuttle the right of default bail.
If such practise continues, where an incomplete chargesheet is used to extend detention, it would nullify the aim of section 167(2) and infringe the fundamental rights of an accused. Ritu Chhabria says that an incomplete chargesheet filed by the investigating authority does not disentitle an accused from seeking mandatory bail. Because in essence, this means that the investigation as required under section 173(2) is not complete and such an incomplete chargesheet does not fulfil the criteria of a report under section 173(2).
The 41st law commission noted that a narrow approach is taken by courts in not allowing police to reopen investigation after report is filed under section 173(2) CrPC. In the interest of justice, section 173(8) CrPC was introduced. This allows reopening a case when new evidence emerges after a report is filed, and empowers investigating authorities to conduct further investigation and submit supplementary chargesheet.
The ability to conduct further investigation only kicks in when new and more evidence is uncovered. This new discovery must then be forwarded as supplementary chargesheet under section 173(8) CrPC. As a result, the process of filing a supplementary chargesheet begins post the procedure under section 173(2) CrPC is complete. But, filing a supplementary chargesheet does not mean that the earlier investigation was incomplete. Its purpose is to supplement the earlier filed chargesheet under section 173(2) CrPC. Because inexistent and unknown evidence, becomes available at a later stage. Therefore, section 173(8) CrPC is an enabling provision to allow further investigation upon discovery of new evidence. It does not, and cannot be considered to sanction filing of an incomplete chargesheet in the first instance.
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