Stenography Exercise No.2

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Legal Dictation 

The petitioner has approached this High Court under section 439 Cr.P.C. along with Section 482 Cr. P.C being aggrieved against the order 11.6.2021 passed by the Additional Sessions Judge, Hisar by which the application for default bail has been dismissed.

From the aforesaid sub-sections, it is apparent that normally, the investigating officer is required to produce all the relevant documents at the time of submitting the charge-sheet. At the same time, as there is no specific prohibition, it cannot be held that the additional documents cannot be produced subsequently. If some mistake is committed in not producing the relevant documents (100) at the time of submitting the report or the charge-sheet, it is always open to the investigating officer to produce the same with the permission of the court. In our view, considering the preliminary stage of prosecution and the context in which the police officer is required to forward to the Magistrate all the documents or the relevant extracts thereof on which the prosecution proposes to rely, the word "shall" used in sub-section (5) cannot be interpreted as mandatory, but as directory. Normally, the documents 4 of 7 gathered during the investigation upon which the prosecution wants to rely are (200) required to be forwarded to the Magistrate, but if there is some omission, it would not mean that the remaining documents cannot be produced subsequently. 

The ratio as settled in Central Bureau of Investigation v. R.S. Pai & Anr., (supra) was subsequently followed in Narinder Kumar Amin case where it was reiterated that the word "shall" used in sub-Section (5) cannot be interpreted as mandatory, but directory in nature. In that case too Police filed charge-sheet within 90 days but all documents were not attached. It was held that if the report filed before the Court satisfies all the requirements (300) of Section 173(2) then it is sufficient compliance of filing a report. Whereas in the Fakrey Alam Case the charge sheet itself was filed after a period of 180 days had expired, and that too after the application for default bail had been filed. Therefore, the distinguishing factor is that in Fakrey Alam's case the charge sheet was filed after the stipulated period of 90 days whereas in the instant case the charge sheet was filed but without the cyber cell report annexed relating to the uploading of objectionable photos. Consequently, the instant petition stands dismissed. (400)

Stenography Exercise No.1 CLICK HERE.
Stenography Exercise No.2 CLICK HERE.
Stenography Exercise No.3 CLICK HERE.
Stenography Exercise No.4 CLICK HERE.
Stenography Exercise No.5 CLICK HERE.
Stenography Exercise No.6 CLICK HERE.
Stenography Exercise No.7 CLICK HERE.

Video for dictation.