Section 173(5) is directory on later production of investigation documents, allowing court permission to file omitted material.

After filing of the charge-sheet, the prosecution may be permitted to place additional documents gathered during investigation on record with the Court's permission. Section 173(5) of the Code of Criminal Procedure, 1973 was treated as directory in this context because it contains no express prohibition on later production and must be read with Section 173(8), which preserves the power of further investigation after submission of the report. Omitted material, whether left out inadvertently or obtained later, may therefore be produced without causing prejudice to the accused at the preliminary stage. The order refusing leave to file the documents was unsustainable, and the prosecution's application was allowed.

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Issues: Whether, after filing of the charge-sheet, the prosecution can be permitted to produce additional documents gathered during investigation under Section 173 of the Code of Criminal Procedure, 1973.

Analysis: Section 173(5) ordinarily requires the investigating officer to forward the documents and relevant extracts on which the prosecution proposes to rely along with the report. However, the provision was held not to be mandatory in the sense of barring later production of omitted material, because the statute contains no specific prohibition and Section 173(8) preserves the power of further investigation even after submission of the report. On that basis, documents gathered during investigation, whether omitted inadvertently or obtained later, may be produced with the permission of the Court, and such production does not by itself prejudice the accused at the preliminary stage.

Conclusion: The prosecution can be permitted to produce additional documents after submission of the charge-sheet; Section 173(5) is directory, not mandatory, in this context.

Final Conclusion: The impugned order refusing permission to file additional documents was unsustainable, and the appeal succeeded with the prosecution application being allowed.

Ratio Decidendi: Where the statute does not expressly prohibit later production, the requirement to forward prosecution documents with the police report is directory and does not preclude permission to place omitted documents on record, especially in view of the power of further investigation.

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