Case Note & Summary
The petitioner, Gaurav Bidre, challenged an order dated 04.04.2025 passed by the learned PDJ & Sessions Court, North Goa at Merces, Tiswadi, which rejected his application to discard a supplementary chargesheet filed by the police on 03.08.2023. The FIR was registered against the petitioner on 24.06.2022 under Sections 365, 342, 302, and 201 of the IPC. The police filed a chargesheet on 19.09.2022 under Section 173 CrPC, and cognizance was taken on 03.10.2022, after which the trial commenced. During the pendency of the trial, on 03.08.2023, the police filed a supplementary chargesheet bearing No. 71/2023 without seeking prior permission from the trial court. The petitioner filed an application on 27.11.2024 to discard the supplementary chargesheet, which was rejected by the trial court. The High Court held that once trial has commenced, the police cannot file a supplementary chargesheet under Section 173(8) CrPC without the leave of the court, as the trial court is in seisin of the matter. The impugned order was set aside, and the supplementary chargesheet was quashed. The court directed that the trial shall proceed on the basis of the original chargesheet.
Headnote
A) Criminal Procedure Code - Supplementary Chargesheet - Section 173(8) CrPC - Filing After Commencement of Trial - The police filed a supplementary chargesheet on 03.08.2023 after the trial had already commenced on 03.10.2022, without seeking prior permission from the trial court. The court held that once trial has commenced, the police cannot file a supplementary chargesheet under Section 173(8) CrPC without the leave of the court, as the trial court is in seisin of the matter. The impugned order rejecting the petitioner's application to discard the supplementary chargesheet was set aside. (Paras 4-10) B) Criminal Procedure Code - Investigation - Section 173(8) CrPC - Power of Police - The power under Section 173(8) CrPC to conduct further investigation and file a supplementary report is available only until the trial commences. After cognizance is taken and trial begins, the police must obtain prior permission from the court to conduct further investigation and file a supplementary chargesheet. (Paras 8-10)
Issue of Consideration
Whether a supplementary chargesheet can be filed under Section 173(8) of the Criminal Procedure Code, 1973 after the commencement of trial without prior permission of the trial court.
Final Decision
The petition is allowed. The impugned order dated 04.04.2025 passed by the learned PDJ & Sessions Court, North Goa at Merces, Tiswadi is set aside. The supplementary chargesheet No. 71 of 2023 filed on 03.08.2023 is quashed. The trial shall proceed on the basis of the original chargesheet.
Law Points
- Section 173(8) CrPC
- supplementary chargesheet
- trial pending
- prior permission
- police investigation
- quashing of chargesheet
