Investigation Not Illegal Merely On Account Of Wrong Sub-Section Mentioned In Charge Sheet: Orissa High Court

The Orissa High Court held that merely mentioning a wrong sub-section in the charge sheet will not render the investigation null or illegal.

A preliminary charge sheet was filed against the Petitioner stating that prima facie case was made out against the Petitioner, and kept the investigation open for taking further action. However, the charge sheet incorrectly mentioned Section 193(8) of Bharatiya Nagarik Suraksha Sanhita (BNSS). 

The Court of Justice Savitri Ratho observed that "in view of Section 193(9) of the BNSS, merely because a wrong sub section has been mentioned in the charge sheet i.e.Sub section 193(8) instead of Section 193(9), it will not render the investigation illegal or non-est".

Advocate Jayakrishna Mahapatra represented the Petitioner, while Advocate S. J. Mohanty represented the Opposite Party. 

Brief Facts

An FIR was registered against the Petitioner and his sister under Sections 498 A, 313 and 34 IPC. Further, a preliminary charge sheet was filed against the Petitioner under Sections 498A and 313 IPC stating that prima facie case is made out against the Petitioner and thus keeping investigation open under Section 193(8) of BNSS, instead of correct Section 193(9) of BNSS. 

It was the contention of the Petitioner that keeping investigation open for taking further action will prejudice the Petitioner as he will not be able to take benefit of any material which may be submitted by the Police in the final charge sheet. It was further contended that Section 193(8) of the BNSS does not permit further investigation. 

The State, however, contended that merely because preliminary charge sheet has been filed in this case and the investigation has been kept open, the proceedings against the Petitioner can not be kept pending.

Court's Reasoning

The Orissa High Court emphasised that it is apparent that the Magistrate has taken cognizance of the offences based on the charge sheet. Besides, merely because a wrong Sub Section was referred in the charge sheet (Sub Section 193(8) BNSS) instead of correct Sub-section 193(9) BNSS, it does not render the investigation illegal or non-est. 

In regard to the contentions of the Petitioner that further investigation will cause prejudice to him, the Court observed that "the materials which may be found during investigation will only strengthen the case of the prosecution against the petitioner ". 

The Court referred to the judgment of the Supreme Court in Central Bureau of Investigation v. Kapil Wadhawan (2024), wherein it was held that it is immaterial whether further investigation under Section 173(8) CrPC is pending or not; it neither vitiates the charge-sheet, nor entitles the accused to default bail.

"I am not inclined to quash the proceedings on the ground that final charge sheet has not been filed " the Court held. 

Accordingly, the Orissa High Court neither quashed the proceedings nor put a stay in it and disposed the Application.

Cause Title: Pramod Kumar Singh V. State of Odisha

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