TaxTMI 
TaxTMI 
1997 (1) TMI 562
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....he petitioner-accused nor any forensic report has been forwarded under sub-s. (5) of s. 173 Cr. PC along with the charge-sheet although certain articles were sent for forensic examination and report during investigation. It is the contention of the learned Advocate for the petitioner that unless the charge-sheet is accompanied by all the documents referred to in sub-s. (5) of s. 173 Cr. PC the charge-sheet cannot be treated as a valid charge-sheet and if the charge-sheet cannot be treated as a valid charge-sheet it will have to be held that the investigation has not been completed and as such the accused is entitled to the benefit of statutory bail under s. 167(2) Cr. PC for non-completion of investigation within the statutory period. 2.....
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....accepted and not returned by the learned Magistrate and the learned Magistrate also took cognizance on the charge-sheet. Therefore unlike the facts involved in the Andhra Pradesh decision, in our present case it cannot be said that there was no charge-sheet till the expiry of this statutory period. In view of this vital factual feature of distinction, it is not necessary for us to examine in this case whether we would have agreed with each and every proposition laid down in the said Single Bench decision of the Andhra Pradesh High Court. Be that as it may, in our present case the charge-sheet was submitted within the statutory, period and the same was accepted (and not returned) by the learned Magistrate and the learned Magistrate took cogn....
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....recorded under s. 161 of all persons whom the prosecution proposes to examine as its witnesses. Here it is not the case of the petitioner that the charge-sheet was not accompanied by any materials mentioned in sub-s. (5) of s. 173. In fact he has been supplied with copies of statements recorded under s. 161 Cr. PC. His contention is that no copy of the forensic report has been supplied to him and as a matter of fact no forensic report was also forwarded along with the charge-sheet. In our opinion that will not vitiate the charge-sheet itself. The sub-s. (5) of s. 173 speaks of the documents on which the prosecution proposes to rely and the statements of witnesses whom the prosecution proposes to examine as witnesses. If the forensic report ....
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....cular case thinks that it can prove the charge against the accused on the basis of the available evidence collected during investigation even without the aid of any forensic report. The prosecution may also think that if the forensic report is obtained subsequently that may give additional strength to the evidence already collected. It may so happen that if after submission of charge-sheet the forensic report is obtained the same may be forwarded under sub-s. (8) of s. 173 Cr. PC. It may also happen in any particular case that for want of forensic report the trial court may hold that the other evidence adduced on behalf of the prosecution is not sufficient to warrant a conviction beyond reasonable doubt. But all such possibilities are diffe....