Shiv Kumar Sharma, J. - (1.) The question that cropped up in the instant revision is as to whether a supplementary charge sheet can be filed under Section 173(8), Cr. P.C. even without recording further evidence oral or documentary.
(2.) This question emerges in the circumstances set out below: (i) An FIR came to be lodged by the informant Shamsuddin on October 26, 1990 against co-accused Munna Khan alongwith Latoor and Narayan. Police Station Indergarh commenced investigation and submitted charge sheet only against the accused Munna Khan. It was kept pending against Latoor and Narayan. Therefore the Investigating Officer has recorded titamba statements under Section 161, Cr. P.C. of the witnesses after the period of three years and laid charge sheet against the accused petitioners on May 17, 1996. (ii) The learned Trial Court vide its order dated April 10, 1997, framed charge under Section 302/34, I.P.C. against the accused-petitioners. Against this order that the present action for filing this criminal revision has been resorted to by them.
(3.) Mr. Manoj Sharma, learned Counsel appearing for the petitioners canvassed that no charge-sheet could have been laid against the accused petitioners. Thus the order framing charge deserves to be quashed.;