The police can submit multiple charge-sheets in a case, provided that each charge-sheet is based on completed investigation with respect to a particular set of accused.

J. M. L. SINHA, J.

This revision is directed against the order dated July 23, 1981, passed by the Chief Judicial Magis trate, Moradabad. 2. The facts giving rise to this revision can briefly be stated as under. On March 29, 1978, a communal riot took place in Qasba. Sambhal of district Moradabad. 97 persons were nominated as accused in that report and it was said that, besides them, there were 400 to 500 others. The first charge-sheet was submit ted by the police on May 25, 1978. The names of 24 accused were mentioned in column No. 3 of that charge-sheet. It may be mentioned here that column No. 3 is meant for mentioning the names of the accused against whom the challan is sub mitted and column No. 2 is meant to mention the names of those persons who are either absconding or against whom the investigation has not completed. On Au gust 3, 1978, all the accused mentioned in column 3 of this charge-sheet, except Tahir, Sheikh Kallu. Mohd. Islam, Aslam and Dilshad, were committed to the court of sessions. The case of the aforesaid five persons was separated. 3. Thereafter on August 10, 1978, Sheikh Kallu, Mohd. Islam and Aslam were also committed. Pilshad, who was not pre sent even when the aforesaid three persons were committed to the court of sessions, was sent up by a separate committal order dated November 8, 1978. Three separate session trials were thus registered and the learned counsel for the applicant informed that all of them are being jointly tried and further that four witnesses have already been examined there under and fifth witness is under examination. On January 28, 1980 the police submitted another charge-sheet against Sardar Ghoss, Ajaz Husain and Minzar Husain. They were committed to the court of sessions on February 21, 1980. This case has not been consolidated with the other Sessions Trial referred to above, and their trial could not even commence separately because the prosecution has not been able to ]ay its hands on the case diary. 4. On February 13, 1981 the police submitted yet another charge-sheet against Achchan, applicant No. 1, Kamil, appellant No. 2, Munna, Zubair, and Sahid besides those mentioned as absconded. It was re ceived in the court of the Chief Judicial Magistrate on March 3, 1981. The Chief Judicial Magistrate

directed that the charge-sheet be registered and the accused be sum moned for March 31, 1981. In the present revision, we are concerned with this charge-sheet only. 5. The contentions raised by the learned counsel for the applicants can be enumerated as under;-

1. That a charge-sheet under Sec tion 173, Cr. P. C. can be submitted only after completion of the entire investigation and that it is not open to the police to submit charge-sheets in piece-meal. 2. That under Section 209 of the Code of Criminal Procedure it is the case that it is committed to the court of session and not the offenders. Since the Chief Judicial Magistrate had passed more than one committal order prior to February 13, 1981, it was not open to the police to submit a fresh charge-sheet nor was it open to the Chief Judicial Magistrate to act on it. 3. That Section 173 (8), Cr. P. C. permits further investigation of the case, but it should be before cognizance is taken of the case by any court. According to the learned counsel, after cognizance has been taken no further investigation can take place even under Section 173 (8), Cr. P. C. 4. That, in any case, the charge-sheet dated February 13, 1980 was not a valid charge-sheet because it was not based on any further investigation. 6. Before I may consider the aforesaid contentions raised by the learned counsel for the applicants, I may take notice of a preliminary objection that was raised on behalf of the State. It was pointed out that the present application has been filed on behalf of three persons, namely, Achchan, Kamil and Railly alias Iftekhar Husain. Railly has neither been arrested so far nor has he surrendered himself and, consequently, the application in

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