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of <h1>Court Overturns Incomplete Charge-Sheet Order; Investigation Must Conclude for Cognizance to be Retaken.</h1> The HC quashed the order dated 9th November 2010 in Case No. 13126 of 2010 due to the incomplete charge-sheet, ruling that cognizance taken by the CJM was ... - Issues Involved:1. Quashing of the charge-sheet dated 8th November 2010.2. Validity of the order dated 9th November 2010 summoning the Petitioner for trial.3. Challenge to the order dated 18th October 2010 regarding the provision of documents for investigation.Summary:1. Quashing of the charge-sheet dated 8th November 2010:The Petitioner challenged the charge-sheet on the grounds that it was submitted during the continuation of the investigation, which is impermissible. The charge-sheet indicated that the investigation was still ongoing, and necessary documents were yet to be collected. The Court referred to various precedents, including *Bandi Kotayya v. State*, *Dharmendra Tripathi v. State of U.P.*, and *T.V. Sarma v. Smt. Turgakamala*, which established that a charge-sheet must be filed only upon the completion of the investigation. The Court concluded that the charge-sheet was incomplete and filed hastily, thus quashing the order dated 9th November 2010.2. Validity of the order dated 9th November 2010 summoning the Petitioner for trial:The Court examined the provisions of Section 173 of the Code of Criminal Procedure, emphasizing that a police report must be forwarded to the Magistrate only after the completion of the investigation. The Court noted that the charge-sheet itself disclosed that the investigation was still in process and certain evidences were yet to be collected. Therefore, the cognizance taken by the Magistrate on the basis of an incomplete charge-sheet was deemed unsustainable.3. Challenge to the order dated 18th October 2010 regarding the provision of documents for investigation:The Petitioner's challenge to the order directing the Chief Vigilance Officer/Income Tax Department to provide relevant documents for investigation became infructuous after the Delhi High Court directed the Chief Vigilance Officer to provide those documents. Hence, no further relief was required on this issue.Conclusion:The Court quashed the order dated 9th November 2010, passed in Case No. 13126 of 2010, due to the incomplete nature of the charge-sheet. The Court directed that once the investigation is completed and a complete police report is filed, the Chief Judicial Magistrate may take cognizance of the offence. The petition was partly allowed with these observations and directions.
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