• Can the police file a cancellation report after filing a chargesheet during further investigation?

Could you please provide a Supreme Court ruling where the court allows the police to file a cancellation report after filing a chargesheet?
Asked 1 month ago in Criminal Law
Religion: Sikh

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9 Answers

Once the chargesheet is filed, it signifies that the investigating agency believes there is enough evidence to proceed with the case. The chargesheet acts as a basis for the court to take cognizance of the offense and initiate legal proceedings against the accused.

2)the court can disagree with the chargesheet and drop the proceedings. Lastly, the court may direct further investigation by another agency or investigating officer, depending on the circumstances and evidence presented.

 

3)the police may submit a report to the court requesting the cancellation of the case. This report is known as a cancellation report and is filed when the police believe that no offense appears to have been committed.

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

Dear Client,

In case of State v. Cancellation Accordingly, vide this order it shall be decided as to whether the Cancellation Report filed by the police is to be accepted or allowing the Protest Petition, cognizance is to be taken in the present matter.

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

Please contact your advocate on the issue of citation. He can give proper referrence as every decision is applicable in peculiar fact situation of the particular case. 

Devajyoti Barman
Advocate, Kolkata
22886 Answers
492 Consultations

5.0 on 5.0

n the event that there is sufficient evidence to support the allegations of a cognizable offense, the final report under Section 173 of the CrPC may propose prosecution and is commonly known as a "charge sheet." If no evidence is found to support the allegations, the final report may propose cancellation of the case, known as a "cancellation report."

If a closure report is filed, the defacto complainant has the right to file a protest petition before the Magistrate. 

Nithyanandan VS Director General of Police, Tamil Nadu, DGP Office, Dr. Radhakrishnan Salai, Chennai]. In summary, a closure report can be filed after further investigation under Section 173 of the CrPC..

In summary, a closure report can be filed after further investigation under Section 173 of the CrPC. While the acceptance of a closure report may terminate the proceedings, it is permissible for the investigating agency to conduct further investigation under Section 173(8) of the CrPC after the acceptance of a final report. The decision to accept or reject a closure report lies with the Magistrate, who may order further investigation if necessary.

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

For more citation of your choice you have to depend on your advocate or browse through internet.

A citation was already mentioned in the previous post which also is of supreme court hence if you are desirous of a particular judgment you may have to engage the services of an advocate of your choice on the terms of the chosen advocate

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

Not able to find any Supreme Court judgment on said issue 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

They can withdraw the prosecution in the said matter if fresh evidence establishes no offence against accused 

Prashant Nayak
Advocate, Mumbai
32093 Answers
183 Consultations

4.1 on 5.0

Magistrate's Discretion on Cancellation Reports: In Abhinandan Jha & Ors vs Dinesh Mishra (1967)  the court established that the Magistrate has the discretion to accept or reject a cancellation report submitted by the police, even after a chargesheet.

Further Investigation After Chargesheet: Rishbud & Ors vs State of Delhi (decided by the Supreme Court of India) highlights that Section 173(8) of the CrPC empowers the police to conduct further investigation even after filing a chargesheet. This implies that new evidence might lead them to believe the chargesheet was filed in error.

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

what is your case ?

 

Yogendra Singh Rajawat
Advocate, Jaipur
22671 Answers
31 Consultations

4.4 on 5.0

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