CENTRAL BUREAU OF INVESTIGATION versus R.S. PAI AND ANR.

CENTRAL BUREAU OF INVESTIGATION versus R.S. PAI AND ANR.

Section 173(5) of the Code of Criminal Procedure is directory, not mandatory. Additional documents gathered during investigation can be produced after charge sheet submission with court's permission, and this causes no prejudice to the accused.

Parties
Appellant: Central Bureau of Investigation; Respondent: R.S. Pai; Respondent: Another Respondent
Jurisdiction
India
Judgment Date
03 April 2002
Procedural Posture
Criminal Appeal / Appeal Against Rejection of Application by Special Court
Outcome
Appeal allowed
Legal Topics
Production of Additional Documents, Section 173 Cr PC, Charge Sheet Procedure
Criminal Law Production of Additional Documents Section 173 Cr PC Charge Sheet Procedure

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Parties

Central Bureau of Investigation

Appellant

R.S. Pai

Respondent

Another Respondent

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Rejection of Application by Special Court

Legal Issues

  1. 1 Whether prosecution can produce additional documents gathered during investigation after submission of charge sheet under Section 173 CrPC

Ratio Decidendi

Section 173(5) of the Code of Criminal Procedure is directory, not mandatory. Additional documents gathered during investigation can be produced after charge sheet submission with court's permission, and this causes no prejudice to the accused.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment and order of Special Court set aside
  • Application for production of additional documents allowed