Trial courts barred from framing charges on incomplete report : The Tribune India

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Trial courts barred from framing charges on incomplete report

CHANDIGARH: In a significant judgment that will change the way trial is conducted by the courts below, the Punjab and Haryana High Court has ruled that charge cannot be framed by the trial court on the basis of incomplete investigation report known as challan in common parlance.



Saurabh Malik

Tribune News Service

Chandigarh, December 18

In a significant judgment that will change the way trial is conducted by the courts below, the Punjab and Haryana High Court has ruled that charge cannot be framed by the trial court on the basis of incomplete investigation report known as challan in common parlance.

Justice Daya Chaudhary has further clarified that the final report “without any FSL, narco-analysis and chemical examiners’ report is incomplete”. The judgment is significant as the trial courts have been specifically barred from framing charge without receiving complete investigation report containing details of scientific tests, if the same are necessary for adjudication.

Justice Chaudhary has also directed the circulation of these guidelines among district and sessions judges of Punjab, Haryana and Chandigarh for meticulous compliance. They have also been directed to circulate the guidelines among all judicial officers. “Non-compliance of these guidelines would amount to contemptuous act…,” Justice Chaudhary has added.

The directions came in the case of Ravinder alias Binder. He was seeking regular bail in a drugs case. His counsel told the court that incomplete challan was presented on December 22, 2013, and charge was framed on January 6 without obtaining chemical examiner’s report. The forensic science laboratory report was, in fact, dated January 8. Taking up the matter, Justice Chaudhary asserted: “It has been mentioned in the challan that no investigation is remaining. But at the time of filing challan, the chemical examiner’s report was not received by the investigating officer….

“As per provisions contained under Section 173(ii) of the CrPC, the challan is to be filed on completion of investigation only and not prior to that. Thus, it is clear that the trial court is to accept challan only on completion of investigation and by considering that all allegations levelled in the FIR have been investigated completely. Charge can be framed only after considering the complete investigation report.

“In case any report of forensic science laboratory or narco analysis or any other document is necessary for adjudication and the same has not been received so far, the court is to proceed further after receiving the report. One thing is clear that the question of framing charge comes only when the complete investigation report is with the trial court”.

Referring to the case in hand, Justice Chaudhary added charge was framed without obtaining chemical examiner’s report.

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