2006 (7) TMI 724 - SC - Indian Laws

Supreme Court clarifies time limit for filing challan under Section 304(B) IPC, includes life imprisonment offenses.

The Supreme Court affirmed that the period for filing a challan under Section 304(B) IPC is 90 days, rejecting the argument for a 60-day period. It ... - Issues Involved:1. Period for filing challan under Section 304(B) IPC.2. Validity of filing an incomplete challan for the purpose of Section 167(2)(a) Cr.PC.Issue-wise Detailed Analysis:1. Period for filing challan under Section 304(B) IPC:The primary issue was whether the period for filing a challan in a case involving an offence punishable under Section 304(B) IPC is 90 days or 60 days. The appellants argued that the period is 60 days, relying on decisions from the Delhi and Karnataka High Courts. Conversely, the High Court held that the period is 90 days. The Supreme Court examined the language of Section 304(B) IPC, which prescribes a punishment ranging from a minimum of 7 years to life imprisonment. The Court concluded that the term 'punishable' as used in Section 167(2)(a) Cr.PC includes offences with a maximum punishment of life imprisonment. Therefore, the permissible period for filing a challan for an offence under Section 304(B) IPC is 90 days. The Court affirmed that the High Court's view was correct, and the contrary views from Jharkhand, Delhi, and Karnataka High Courts were incorrect.2. Validity of filing an incomplete challan for the purpose of Section 167(2)(a) Cr.PC:The second issue was whether the mere filing of a challan without relevant documents satisfies the requirement of filing within the stipulated period under Section 167(2)(a) Cr.PC. The appellants argued that the challan filed was incomplete as it lacked requisite documents. The Supreme Court referred to previous judgments, including Tara Singh v. The State and Satya Narain Musadi v. State of Bihar, which clarified that a report under Section 173(2) Cr.PC must be accompanied by all relevant documents. However, the Court noted that in the present case, all relevant documents were before the Court before the expiry of 90 days. Therefore, the issue of the incomplete challan was rendered academic in this context. The Court held that the filing of the challan within 90 days, even if some documents were submitted later, did not invalidate the challan.Conclusion:The Supreme Court upheld the High Court's decision that the period for filing a challan under Section 304(B) IPC is 90 days. Additionally, it ruled that the filing of a challan within the stipulated period, even if initially incomplete, is valid as long as all relevant documents are submitted within the prescribed time. The appeal was allowed, and the appellants were directed to surrender to custody, with the option to move for bail to be considered on its own merits.