The Punjab and Haryana High Court has ruled that an investigating agency cannot be allowed to add or delete offences during the progress of trial. It can also not be permitted to convert a magisterial trial into sessions’ trial or vice versa.
Depending on the gravity of offences and the punishment prescribed, a criminal trial is classified into magisterial and sessions’ trial. The offence is triable by a court of session, if it is punishable with imprisonment for life or more than seven years under the special law.
The ruling by Justice Rajan Gupta came on a bunch of two petitions filed by Neetu Dheer and other petitioners against the State of Haryana and other respondents. They were seeking directions for quashing supplementary challan submitted by the police.
The challenge was made primarily on the ground that the investigating agency carried out reinvestigation on its own before including attempt to murder and another offence under Sections 307 and 333 of the IPC. The reinvestigation was undertaken without court’s permission.
Taking up the matter, Justice Gupta asserted a deputy superintendent of police in March, 2012, moved an application before Karnal Chief Judicial Magistrate to reinvestigate the matter. Before order could be passed, the investigating agency submitted a supplementary challan after including offence under Sections 333 and 307 of the IPC. Resultantly, the case was committed to the court of sessions.
“Once application for reinvestigation had been moved, it was incumbent upon the investigating agency to wait for the outcome thereof. The investigating agency is expected to act in a responsible manner and in consonance with the procedure laid down by law. Normally, it would not start reinvestigation on its own when trial has made some headway,” he said.
“It cannot be allowed to add and/or delete offences during progress of trial and convert a magisterial trial into sessions’ trial or vice versa. If any new fact or clue comes to its notice, it is always at liberty to bring it to the notice of the court and seek permission to conduct further investigation…. Apparently the procedure followed by the police is not sustainable in the eyes of law. Thus, supplementary challan and charges framed pursuant thereto are hereby quashed,” Justice Gupta concluded.
Depending on the gravity of offences and the punishment prescribed, a criminal trial is classified into magisterial and sessions’ trial. The offence is triable by a court of session, if it is punishable with imprisonment for life or more than seven years under the special law.
The ruling by Justice Rajan Gupta came on a bunch of two petitions filed by Neetu Dheer and other petitioners against the State of Haryana and other respondents. They were seeking directions for quashing supplementary challan submitted by the police.
The challenge was made primarily on the ground that the investigating agency carried out reinvestigation on its own before including attempt to murder and another offence under Sections 307 and 333 of the IPC. The reinvestigation was undertaken without court’s permission.
Taking up the matter, Justice Gupta asserted a deputy superintendent of police in March, 2012, moved an application before Karnal Chief Judicial Magistrate to reinvestigate the matter. Before order could be passed, the investigating agency submitted a supplementary challan after including offence under Sections 333 and 307 of the IPC. Resultantly, the case was committed to the court of sessions.
“Once application for reinvestigation had been moved, it was incumbent upon the investigating agency to wait for the outcome thereof. The investigating agency is expected to act in a responsible manner and in consonance with the procedure laid down by law. Normally, it would not start reinvestigation on its own when trial has made some headway,” he said.
“It cannot be allowed to add and/or delete offences during progress of trial and convert a magisterial trial into sessions’ trial or vice versa. If any new fact or clue comes to its notice, it is always at liberty to bring it to the notice of the court and seek permission to conduct further investigation…. Apparently the procedure followed by the police is not sustainable in the eyes of law. Thus, supplementary challan and charges framed pursuant thereto are hereby quashed,” Justice Gupta concluded.
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