New Delhi: It is the duty of the police to file a chargesheet "at the earliest" as a delay results into disappearance of material evidence in a case, a Sessions judge has said.

"...delay in presenting the challan (chargesheet) causes elimination of material evidence to be adduced before the court. It is the duty of the police to present the challan at the earliest," Additional Sessions Judge S P Garg said in a recent order. Citing the rationale behind the observation, the judge said that the probability of vanishing of significant evidence in a case is high if there is an inordinate delay in presenting the chargesheet.

The court's observation came while deciding a revision petition by assistant sub-inspector Mahipal Singh, the investigating officer (IO) in a case who had challenged a magistrate s order for an inquiry against the police officials over an inordinate delay in submitting a chargesheet. Irked over delay in presenting the chargesheet in the case of kidnapping and trespass, the magistrate had in January directed an inquiry against the "erring police officials" by Deputy Commissioner of Police (South).

Singh, aggrieved by this, filed a revision petition contending the magistrate had no jurisdiction to order an inquiry as the chargesheet was filed well within the limitation period of 90 days. The judge, however, refused to buy his arguments and said that the magistrate was empowered under the law to find out causes for substantial delay in filing challan and to comment upon the investigation carried out by the IO.

Source : PTI