Point of Law: Section 173(5) of Cr.PC provides that investigating officer shall produce all documents at time of submission of report.

ORDER :

1. As both these cases have been preferred by the same applicants in which common question of law is involved, they heard together and are disposed of by this order.

2. These revision cases have been preferred by the applicants against the orders dated 27.09.2022 passed by the learned Sessions Judge, Janjgir, District Janjgir Champa in Session Trial No. 45/2022 and Session Trial No. 44/2022 respectively, whereby, the the application filed by the applicants under Section 167 (2) (a) of the Code of Criminal Procedure (for short ‘Cr.P.C.’) for their release on default bail for filing of the charge-sheet by the police after expiry of the prescribed time, has been rejected.

3. Shri Asutosh Trivedi, learned counsel for the applicants submits that the applicants have been arrested for the offences punishable under Sections 420 and 34 of IPC; Sections 3, 4 and 6 of the Prize Chits And Money Circulation Schemes (Banning) Act, 1978 and Sections 6 and 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005. He submits that learned trial Court has taken cognizance on the basis of incomplete charge-sheet and the investigation officer is still seeking time to file additional documents only to defeat the object to grant bail as provided under Section 167 (2) of the Cr.P.C. Therefore, the impugned order dated 27.09.2022 is liable to be set aside and the applicants may be released by granting them default bail.

4. Per contra, Shri Kunal Das, learned State counsel vehemently opposes the submission and prayer of the applicants and submits that Section 173 of Cr.P.C. empowers the investigation officer that after filing of the charge-sheet, he may move an application under Section 173 (8) of Cr.P.C. for further investigation and to file additional documents and no bars is provided under the law. He further submits that sufficient material has already been filed along with the charge-sheet and the charge-sheet filed cannot be termed as incomplete charge-sheet, therefore, both criminal revisions are liable to be dismissed.

5. Heard learned counsel for the parties and perused the documents.

6. Section 173(5) of the Cr.P.C. provides that the investigating officer shall produce all the documents at the time of submission of the report. The relevant portion of Section 173 Cr.P.C. is reproduced hereunder:

“173. Report of police officer on completion of investigation:

(1) Every investigation under this Chapter shall be completed without unnecessary delay.

(2)(i) As soon as it is completed, the officer-in-charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating:

(a) the names of the parties.

(b) the nature of the information.

(c) the names of the persons who appear to be acquainted with circumstances of the case.

(d) whether any offence appears to have been committed and, if so, by whom.

(e) whether the accused has been arrested.

(f) whether he has been released on his bond and, if so, whether with or without sureties.

(g) whether he has been forwarded in custody under Section 170.

(ii) The officer shall also communicate, in such manner as may be prescribed by the State Government, the action taken by him to the person, if any, by whom the information relating to the commission of the offence was first given.

(3)-(4) ***

(5) When such report is in respect of a case to which Section 170 applies, the police officer shall forward to the Magistrate along with the report:

(a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation.

(b) the statements recorded under Section 161 of all the persons whom the prosecution proposes to examine as its witnesses.

(6)-(7) ***

(8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (2) has been forwarded to the Magistrate a