Filing common chargesheet in multiple crimes is impermissible: Karnataka High Court

A common chargesheet cannot be filed when there are multiple crimes and separate complaints, the Karnataka High Court held recently ( State of Karnataka v. Greenbuds Agro Form Limited Company).

. The Bench of Justice K Natarajan noted in a cheating case that the investigating officer had committed a mistake by filing a common chargesheet for various crimes registered in different police stations.

. The accused in this case allegedly collected money under the garb of investments from the public and cheated them, therefore attracting penal provisions under the Indian Penal Code and the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 (Special Law) .

. After the individual investors filed complaints in different police stations, an investigation was carried out and the police inspector filed a common chargesheet.

. The trial court rejected the chargesheet on the ground that the police inspector was not the competent officer to file the report. It also discharged the accused while directing the Investigating Officer (IO) to file the chargesheet before the judicial magistrate.

. The liberty granted by the trial court to the IO was challenged before the High Court in this case.

. Before the High Court, the State Public Prosecutor (SPP) argued that the trial court erred in interpreting the provisions of the Special Law, and that the act of discharging the accused was illegal.

. The SPP further contended that the Special Court established under the Special Law was competent to try all the offences. Therefore, the order of the trial court should be set aside.

. The High Court held that an amalgamated chargesheet cannot be filed. To establish this, the Court relied on a decision by the Division Bench of the Delhi High Court in the case of State vs. Khimji Bhai Jadeja, in which it was held,

“ In respect of each FIR, a separate final report [and wherever necessary supplementary/further chargesheet(s)] have to be filed, and there is no question of amalgamation of the final reports that may be filed in respect of different FIRs."

. Agreeing with the above view, Justice Natarajan held,

“ I am in respectful agreement with the view taken by the Division Bench of the Delhi High Court. On perusal of the judgement stated supra, it is clear that, the offences which are similar in nature committed by the same accused within twelve months can be tried together by framing a common chargesheet as per Section 219 of the Cr.P.C., but the question of filing common chargesheet in multiple crimes or complaints is impermissible. ”

. The Court thus directed that the chargesheet in this investigation be returned to the Investigating Officer and the same be re-filed separately for each individual complaint.

. The State was represented by SPP Sheelavanth VM, while Advocate Raghavendra N represented the respondents.

. [Read order here]

Filing common chargesheet in multiple crimes is impermissible: Karnataka High Court

Shagun Suryam

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