Is the requirement in s.173(5) of the Code of Criminal Procedure, 1973 to forward all relevant documents with the charge sheet mandatory?

No, it is directory. The investigating officer is normally required to produce all relevant documents when submitting the charge sheet, but there is no specific prohibition on producing additional documents afterwards, and a document omitted by mistake may be produced with the permission of the Court. Since s.173(8) permits further investigation even after the charge sheet is submitted, there is no question of refusing leave to produce documents gathered before or after the investigation, and no prejudice is caused to the accused.

Indian Penal Code, 1860 — s.120B — s.109 — s.307 — Code of Criminal Procedure, 1973 — s.173(5) — s.173(8) — Quashing of charge sheet — Confession of a co-accused — Additional documents — Code of Criminal Procedure, 1973 — s.173(5) — Additional documents after the charge sheet — Held: The word "shall" in s.173(5) is directory and not mandatory; documents omitted when the report was filed may be produced later with the permission of the Court, and further investigation is in any event not precluded. (¶19, ¶20) Confession to a police officer — Inadmissible unless it leads to recovery — Held further: A confession made to a police officer is inadmissible in law unless it leads to recovery, and no recovery was made from the petitioners. (¶13, ¶14) Quashing of charge sheet — Contested questions are matters of evidence — Held further: Whether a recovered handset supports the calls alleged, and whether the call records bear out a meeting of minds, are subjects of evidence at trial and no ground to quash the charge sheet. Petitions dismissed. (¶18, ¶21, ¶22)

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