CBI Court

CBI Court, Greater Bombay: In a remand application filed against ex-banker Chanda Kochhar for the grant of permission for adding charges of Breach of Trust under section 409 of Penal Code, 1860 in the First Information Report (‘FIR’),M.R.Purwar, J. has allowed inclusion of additional Sections in the FIR at the time of taking cognizance.

The issue in the present case was that whether or not some additional sections can be regarded in the First Information Report (FIR) at a later stage?

The Court took note of Vijaybhai Malabhai Bharwad v. State of Gujarat, 2007 SCC OnLine Guj 112 ,wherein it was observed that there is distinction between report at the initial stage to add the section/offences in the FIR and the report after investigation by the Investigating Officer as provided under Section 169/173 of the CrPC. Further, Trial Court has not committed any error and/or illegality and/or acted contrary to the provisions of CrPC while passing the order on the report submitted by the Investigating Officer to add certain Sections in the FIR that “to be kept with FIR”.

The Court said that it is the domain of the investigating officer to investigate the matters with a view of particular cognizable offence as enumerated in the Penal Code and to collect the material, if any and the Court can appropriately consider that aspect at various stages as permissible in the CrPC including after filing of the report under Section 169/173 of the CrPC , at the time of taking cognizance, etc. Further, if it is transpired to the Investigating Officer during investigation that any particular Section is required to be added or deleted on the basis of material collected by him, he can very well add or delete the section and can intimate about it to the Court. It is not necessary for him to seek prior permission of the Court for that purposes.

It further said that the powers of the Court is also very well stated in CrPC. The Court can consider that aspect at various stages as enumerated in CrPC including at the time of filing of report under Section 173 CrPC and taking of cognizance, etc.

The Court did notpass any further orders, as the Incharge Court has already passed an order of “Seen” on the present application., hence, ordered that the application along with this order be kept with the FIR.

[The Central Bureau of Investigation v. Chanda Kochhar ,2023 SCC OnLine Dis Crt (Bom) 1 , decided on 13-01-2023]

Advocates who appeared in this case :

For Applicant/ Accused – Senior Counsel Amit Desai For CBI – Advocate Limosin

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