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In Re: Palaniswami Goundan - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported inAIR1946Mad502; (1946)1MLJ406
AppellantIn Re: Palaniswami Goundan
Excerpt:
- .....final charge sheet' in which he has not laid a charge against one of several persons against whom information was received by him at the earliest stage of investigation, could file a further charge sheet against that person without disclosing that he had received any further information. no authority has been cited for the contention that such supplementary charge sheet cannot be laid. all that the section says is that the final charge sheet shall be filed after the investigation is closed, but there is nothing said in the code as to when the investigation is to be considered to have ended. if a police officer after he lays a charge, gets information, he can still investigate and lay further charge sheets; and so there is no finality either to the investigation or to the laying of charge.....
Judgment:
ORDER

Kuppuswami Ayyar, J.

1. The only point for consideration in this case is whether a police officer, who had filed what is styled as a ' final charge sheet' in which he has not laid a charge against one of several persons against whom information was received by him at the earliest stage of investigation, could file a further charge sheet against that person without disclosing that he had received any further information. No authority has been cited for the contention that such supplementary charge sheet cannot be laid. All that the section says is that the final charge sheet shall be filed after the investigation is closed, but there is nothing said in the Code as to when the investigation is to be considered to have ended. If a police officer after he lays a charge, gets information, he can still investigate and lay further charge sheets; and so there is no finality either to the investigation or to the laying of charge sheets in the sense in which it is sought to be understood in this case. I therefore ' do not think I will be justified in quashing proceedings. The petition is accordingly dismissed.


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