In S.B. Criminal Miscellaneous Petition No. 847/2017, the High Court of Rajasthan dismissed a petition where the petitioner grievenced that the Investigating Officer's statements under Section 161 Cr.P.C. and the earlier final report were not made part of the charge sheet, upholding the trial court's order.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misccellaneous (Petition) No. 847 / 2017
Meer Singh S/o Shri Ram Singh, R/o Village Berla, Tehsil Chirawa, District Jhunjhunu, At Present R/o Ward No.22, Adarsh Colony, Chirawa, District Jhunjhunu, Raj.
Versus
State of Rajasthan Through P.P.
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----Respondent
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For ~etitioner&sj,r .t. >is, -,>- : Mr.MK Kaushik @ %.
: Mr-Prakash Thakria - Public Prosecutor
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hWON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA +..pq%>'+"# kc<, tt o.' a. 5 I,? 5;. d+B :O;~d,er:* - *1 7.. ,i 8..
ring No.26228/2017 rein. The criminal m&cellaneous petit inal Misc. Petition
No.847/2017 is take
tioner has made a grievance that the y the Investigating Officer under Section 161 . --, lnw..-- . Cr.P.$C. ****,.-."** have not.been made a part of the $*$ i.Bt d/ 8' & *\a ""% 4P.j ",.",. \ % 6 + 2 ; 'Challan". Z )a
Perusal of the impugned order reveals that statements of the witnesses have already been furnished to the accused. The bare perusal of the impugned order further reveals that learned counsel for the petitioner had made a grievance that copy of the final report submitted by the earlier Investigating Officer Shri Virendra Jhakhad has not been provided to the accused. The
learned trial Court has rightly tieldlthat the same cannot be made part of the charge sheet and the petitioner, if so aggrieved, may obtain certified copy of the report earlier filed by the then Investigating Officer. There is no infirmity in the order passed by the trial Court thus no interference is warranted. Hence, present petition is
2 issues framed by the court
Whether the Investigating Officer's statements under Section 161 Cr.P.C. must be made part of the charge sheet.
Whether the accused is entitled to the copy of the final report submitted by the earlier Investigating Officer as part of the charge sheet.
Meer Singh
State of Rajasthan
KANWALJIT SINGH AHLUWALIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
