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Filing common charge-sheet in multiple crimes is impermissible

Charge sheet is derived under Criminal law. It is a precise formulation of allegation against the accused. It is the first notice to the prisoner informing him about the allegation. It is made in a specific format. The main object is to convey the accused about the allegation brought against him. Under Code of Criminal Procedure, the Magistrate frames the charges. In case an investigation made by the police, the police-in-charge shall forward the report in the form prescribed by the Magistrate empowered to take cognizance of the offence under Section 173. After consideration of the document, if the Magistrate satisfies that the charges are groundless then he can discharge the accused person.Section 173 of the Code of criminal procedure provides for an investigation to be completed without unnecessary delay and also makes it obligatory on the officer-in-charge of the police station to send a report to the Magistrate concerned, containing the various details. The Magistrate is not bound to accept the opinion of the Police. In case, the police submits a report stating therein that no case is made out against the accused for sending him for trial, the Magistrate, agreeing with the report, may accept the final report and close the proceedings, but the Magistrate may also take a view that the opinion formed by the police is not based on full and complete and complete investigation and in such a situation, the Magistrate can order for further investigation. But once the closure report is not accepted by the Magistrate and the matter has been ordered to be re-investigated, then for the second time the Magistrate cannot compel the police to take a particular view in the matter and submit the challan in the case. If the Magistrate does not agree with the opinion formed by the police and still suspects that an offence has been committed, he is entitled notwithstanding the opinion of the police, to take cognizance under Section 190(1)(c) of the Code, but he cannot direct the police to re-investigate the matter for the third time.Essentials of a valid charge sheet:1. There should be a specific name of the offence with relevant details.2. It should be written in the language of the court.3. The relevant Act or law wit section should be mentioned.4. All the legal conditions must be fulfilled.5. The word should be clear and specific. There should not be any kind of vagueness or confusing matter.In the recent case State of Karnataka v. Greenbuds Agro Form Limited Company:When the nature of the offence is similar and committed by the same accused within twelve months can be tried together by framing a common charge according to Section 219 of the Code of Criminal Procedure. but it is impermissible to file a common charge-sheet in multiple crime or complaints.  A single bench consisting of Justice K Natarajan held:“The State-C.I.D. Police have no authority to file a common charge-sheet in different complaints. However, the investigating Officer has to file a separate charge sheet against each crime registered by the police on individual complaint. Thereafter, the Special court shall take cognizance of the offences both punishable under the IPC and the Special Act by following the Code of Criminal Procedure and dispose the matter in accordance with law.”

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