Chargesheet must clearly show role of accused in crime: HC
Kolkata: Quashing criminal proceedings in a case against the petitioners, Calcutta High Court observed that the role played by accused persons in a crime should be clearly and separately mentioned in the chargesheet.
The bench of Justice Suvra Ghosh was moved in a case of matrimonial dispute which resulted in criminal proceedings. The wife had filed an FIR against the husband and in-laws. The couple was married in July 2022 and the wife left the matrimonial home on April 21, 2023.
The husband had filed a suit for restitution of conjugal rights on October 18, 2023. She lodged the complaint on October 27, 2023. She alleged she was driven out of her matrimonial home. The court observed that the FIR is a retaliation to the earlier suit filed by the husband (petitioner).
No independent witness was examined by the investigating officer (IO) during the investigation and no evidence was collected to substantiate the allegations against the petitioners. The charge sheet didn’t disclose the role of each of the accused in the alleged offence.
The wife’s counsel argued that prima facie case was made out against the petitioners. Hence, the charge sheet should not be quashed at the preliminary stage.
Court observed there is no explanation as to what prevented the wife from lodging a complaint soon after she left her matrimonial home or even till 16th October, 2023. Further, statements of various witnesses were identical in form and language and omnibus in nature.
The wife alleged physical assault by the husband but there were no external injury marks. Court couldn’t understand how the injury in the report was classified as ‘simple’ when there was no injury at all.
The bench said there was no reflection in the charge sheet as to the specific overt act attributable to each of the accused persons and how the IO concluded that prima facie case was made out against them.
“The role played by the accused in the crime should be separately and clearly mentioned in the charge sheet for each of the accused persons,” the court observed.
