2002 (4) TMI 973 - SC - Indian Laws

Supreme Court allows late submission of documents by prosecution in criminal cases

Central Bureau of Investigation (CBI) Versus R.S. Pai and Anr.

The Supreme Court held that while the investigating officer is required to produce relevant documents initially, the omission to do so does not preclude ... - Issues Involved: Whether prosecution can produce additional documents gathered during investigation after submitting charge-sheet u/s 173 of CrPC.Summary:The Special Court at Bombay rejected an application by the Central Bureau of Investigation (CBI) for production of additional documents in a case involving alleged conspiracy and financial irregularities. The prosecution sought to produce documents after respondent's discharge application was filed. The appellant argued that the Special Judge's order was illegal and contrary to Section 173(5) of CrPC, as relevant documents were not initially produced by the Investigating Officer. The respondent contended that under Section 173(5) CrPC, all documents must be submitted at the time of the report. The Supreme Court analyzed Section 173 of CrPC and held that while the Investigating Officer is required to produce relevant documents initially, the omission to do so does not preclude later production with court permission. The Court interpreted the word 'shall' in Section 173(5) as directory, not mandatory. Referring to precedent, the Court emphasized that further investigation is not precluded after the charge-sheet submission, allowing for the production of additional documents. Consequently, the appeal was allowed, setting aside the Special Court's order and permitting the production of additional documents by the prosecution.Separate Judgement: No separate judgment was delivered by the judges in this case.