Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
INVESTIGATION CONSISTS OF–
“1) Proceeding to the concerned SPOT,
2) Ascertainment of FACTS and circumstances,
3) Discovery and ARREST,
4) Collection of evidence which includes EXAMINATION of various persons, SEARCH of places and seizure of things.
5) Formation of an OPINION on whether an offence is made out, and filing the CHARGESHEET accordingly.”
SHARIF AHMED v. UTTAR PRADESH, 2024
RELEVANCY OF CHARGESHEET
The details of the offence and investigation are not supposed to be a comprehensive thesis of the prosecution case, but at the same time, must reflect a thorough investigation into the alleged offence. It is on the basis of this record that the court can take effective cognisance of the offence and proceed to issue the process in terms of Section 190(1)(b) and Section 204 of the Code. In case of doubt or no offence is made out, it is open to the Magistrate to exercise other options.
DUTY OF I.O. AND CHARGESHEET CONTENTS
Investigating officer must make clear and complete entries of all columns in the chargesheet so that the court can–
1. Clearly understand which crime has been committed
2. By which accused and
3. What is the material evidence available on the file
4. Statements of 161 & related documents have to be enclosed
5. With the list of witnesses.
6. Role played by the accused in the crime should be separately and clearly mentioned in the chargesheet, for each of the accused persons.”,
NON- BAILABLE WARRANT
“While there are no comprehensive set of guidelines for the issuance of nonbailable warrants, this Court has observed on several occasions that nonbailable warrants should not be issued, unless the accused is
1. Charged with a heinous crime,
and is likely to
2. Evade the process of law or
3. Tamper/destroy evidence.
