JUDGMENT - N.P. CHAPALGAONKER, J.:---When the report about completion of investigation of a cognizable offence popularly known as change-sheet is filed by investigating agency and Court officials refuse to accept it on the ground that it is incomplete and therefore, it is again submitted in the Court aftersome days and after rectifying alleged defect, what would be the date of completion of investigation, the first one or date of subsequent filing of change-sheet? Precisely this is the question for consideration in this criminal application. This question has assumed importance because the first date of filing change-sheet is within statutory limitation prescribed for completion of investigation and second date is outside the said limitation, and thus have a bearing on the question of right to bail under section 167(2) of the Code of Criminal Procedure, 1973.

2. A complaint was lodged at Udgir Police Station on 18-10-1990 by father alleging that his minor daughter has been kidnapped by the petitioner with intent to compel her illicit intercourse and is also raped by him. Crime No. 115/1990 was registered against the petitioner and he was arrested on 28-10-1990. Secine then, he is in custody. A charge-sheet came to e filed in the Court of Justicial Magistrate, First Class udgir, on 25-1-1991 but it was returned by the officer of the Court objecting that copy of some document was not accompanied by the charge-sheet. The charge-sheet was resubmitted in the Court on 29-1-1991 along with the copy asked by the Court. Accused petitioner had submitted an application for bail on the ground that the investigation was not completed within the statutory limitation and the charge-sheet was properly filed on 29-1-1991 i.e. beyond the limitation and, therefore, petitioner be released on bail. Learned IIIrd Addl. Sessions Judge, Latur, by his judgment and order dated 11-3-1991 was pleased to reject this application. Similar prayer is now being made before this Court.

3. Shri S.S. Choudhari, learned Counsel appearing for petitioner, submits that there is nothing like an interim charge-sheet and only the final submission of the charge sheet will have to be taken as completion of investigation which was done on 29th of January, 1991 and, therefore, accused petitioner is entitled for the benefit of bail by virtue of provisions of section 167(20 of the Code of Criminal Procedure, 1973. In support of his contention Shri Choudhari relied on a judgment of Division Bench of this Court in the case of (State of Maharashtra v. Eknath s/o Laxman Talekar others)1, 1977, unreported Cases Reported (Bom.) 211, which holds that Magistrate has no power to authorise detention of the accused persons in cuotody for a period exceeding the statutory limitation for completion of investigation. Shri Choudhari, therefore, submits that since the charge-sheet was filed on 29th day of January, 1991 being 91st day after the arrest of the petitioner, petitioner is entitled to be released on bail, irrespective of the fact that the charge-sheet was filed subsequent to the statutory limitation.

4. As against this, Shri S.K. Barlota, learned Addl. Public Prosecutor appearing for respondent State, submitted that the charge-sheet was in fact filed on 25th of January, 1991 and if the officials of the Court had not accepted it, prosecution cannot be blamed.

5. Section 167 of the Code of Criminal Procedure, 1973 so far as is relevant for the present purpose is reproduced below :--

"167(1). Wheneverany person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 57, and there are grounds for believing that the accusation or information is well founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary hereinaf

Click Here to Read the rest of this document