Chargesheet filed by CBI against Anil Deshmukh in corruption case was complete, says Mumbai court
India Today
A Mumbai court has held that the chargesheet filed by the Central Bureau of Investigation (CBI) against former Maharashtra Home Minister Anil Deshmukh and others was a complete chargesheet.
A special court in Mumbai has held that the 59 pages of chargesheet filed by the Central Bureau of Investigation (CBI) against former Maharashtra Home Minister Anil Deshmukh and others was a complete chargesheet.
A special CBI court on Monday rejected the bail plea of Anil Deshmukh, who is under arrest in connection with a corruption case registered in April 2021.
Special judge SH Gwalani noted that both sides had presented “diametrically opposite views before me in regard to the question whether the documents and statements recorded under Section 161 of Criminal Procedure Code (CrPC) must form part of the police report mentioned under Section 173(2) and if they are not tendered along with the report then whether such report could be termed as a complete report.”
Deshmukh and others had said that filing of such an incomplete report without documents and statements does not satisfy the requirements of Section 167 of the CrPC and, therefore, they are entitled to be released on bail.
On the other hand, Additional Solicitor General Anil Singh has submitted that it is not a requirement of law, that, the report mentioned under Section 173(2) of CrPC is complete only when it is accompanied by other documents and statements of witnesses when the report is filed.
The court held that, according to a Supreme Court ruling, if the report filed before the Court satisfies all the requirements of Section 173 (2), then it is sufficient compliance to file a report. It is not absolutely necessary to file all the documents and the statements of witnesses recorded under Section 161 of CrPC for the purposes of filing of the report under Section 173(2) of CrPC within the stipulated period specified under Section 167 of CrPC.
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