Section 167(2) CrPC – Default Bail Not Accessible For Not Filing Supplementary Chargesheet: Karnataka Tall Court

The Karnataka Tall Court as of late said that the supplementary charge sheet is as it were an extra (default safeguard) cannot be made pertinent to it. ‘’Section 167(2) of CRC, is appropriate as it were when charge sheet isn’t laid down and it begins agent when blamed in captured amid the course of examination but in the event that charge sheet at recorded against specific blamed and supplementary charge sheet is submitted against other denounced or for extra prove the arrangements of Segment 167(2) of CCPC cannot be applicable”, the Court said Equity Rajendra Badamikar expelled the request recorded by Santosh Kadam challenging the arrange of the Sessions Court dismissing his ball application Kadam is charged beneath the offenses culpable beneath Areas 160 457,458 382, 201 of IPC and Area 250-A) of the Arms Act, 1959 The bevoor police after the examination submitted a charge sheet on 04.01.2021, against the denounced people Taking after this, Kadam was captured on 06.02.2021 and the police recorded a supplementary charge sheet on 17.05.2021 beneath Area 1738) of Cr PC Advocate Anand R Kolli showing up for the blamed submitted that he was captured on 06 02.2021 and supplementary charge sheet was submitted on 17.05.2021 and as the supplementary charge sheet isn’t recorded inside 90 days, as per the statue, he is entitled to statutory safeguard.

Advocate Ramesh B Chigari showing up for the state contradicted the appeal on the ground that the charge sheet was submitted against the display applicant earlier to his capture. Thus, he submits that the arrangements of Segment 167(2) of Cr P.C. cannot be pertinent to him.

Court findings:

Firstly, the court famous that, The request was recorded beneath Area 439 of Cr PC, challenging the arrange of the Trial Court as well as the Revisional Court. The appeal itself isn’t viable as the arrangements of Area 482 of Cr P.C. were not conjured in this petition. The office got to have raised protests in this respect, but for the finest reasons known, no office complaints have been raised.”

Assist, the court said indeed on merits, the request isn’t viable as the charge sheet was submitted on 04.01.2021 itself, which is clear from the records created by the display applicant himself. The present solicitor was exhibited as Charged No.1 within the charge sheet. Be that as it may, as a few of the blamed were departing suddenly, the examination officer in his charge sheet looked for take off of the Court to yield a supplementary charge sheet in due course. The supplementary charge sheet was submitted on 17.05.2021 by collecting a few extra fabric.

Alluding to area 173(8) of Cr P.C. the court said “For submitting the supplementary charge sheet, take off of the Court isn’t required and the statute itself has given powers to the examination officer to yield supplementary charge sheet in case “Any fabric is found”.

The court at that point alluded to Segment 167 (2) CrPC, and said, “Segment 167(2) of Cr. PC, is appropriate as it were when charge sheet isn’t laid down and it begins agent when blamed is captured amid the course of examination, but in case charge sheet is recorded against specific charged and supplementary charge sheet is submitted against other blamed or for extra prove, the arrangements of Area 167(2) of Cr PC, cannot be applicable” It included, “Thus the address of appropriateness of Area 167(2) of Cr. PC, does not arise at all within the show case to the blamed, against whom a charge sheet has as of now been submitted and who was captured hence. The court concluded by saying, “The request is void of any merits and is misjudged and thus, it has to be rejected both on practicality and as well as on merits.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this:
search previous next tag category expand menu location phone mail time cart zoom edit close