New Delhi: A Delhi court hearing the NEET-UG 2026 question paper leak case recently said that arguments on the point of charge cannot be deferred even if further investigation is pending.
Special Judge Ajay Gupta was hearing the plea of an accused to defer arguments on framing of charges until a supplementary chargesheet is filed.
The counsel of the accused had argued that under Section 12-A of the Public Examinations (Prevention of Unfair Means) Act, 2024, further investigation cannot be carried out after two months of the registration of the case, and besides, no supplementary chargesheet can be filed once trial begins.
In an order dated September 18, made available recently, the court said that Section 12-A's two-month deadline does not restrict the investigating agency from conducting a probe beyond the stipulated period.
"The only repercussion of non-completion of investigation within the stipulated period is that the right to statutory bail gets accrued in favour of the accused," the court said.
"There is no provision (in the Act) which firstly prohibits the continuation of regular investigation beyond the period of two months and secondly, also from carrying out further investigation," it added.
The court also considered the question whether a supplementary chargesheet regarding further investigation is mandatorily required to be filed before commencement of trial.
It cited a 2009 verdict of the Supreme Court, according to which "carrying out a further investigation even after filing of the chargesheet is a statutory right of the police. (On the other hand) Reinvestigation without prior permission is prohibited".
The court said in view of the new provisions of 193(9) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, it has been specifically provided that the investigating agency can carry out further investigation even after commencement of trial but with the permission of the court.
The BNSS section allows the police to conduct further investigation and submit supplementary reports after filing an initial chargesheet.
The court said that the counsel of the accused had raised another issue --whether the arguments on the point of charge needed to be deferred while further investigation was ongoing.
Noting the evidence before it, the court said the probe regarding the 13 accused persons is complete, and the further investigation pertaining to them is only with the filing of the Central Forensic Science Laboratory (CFSL) reports.
"It is also clear that the further investigation is being carried out for ascertaining the role of other conspirators. Thus, it is prima facie clear that as far as these thirteen accused are concerned, the investigation qua them is complete; therefore, under these circumstances, the matter was proceeded further to hear the arguments on the point of charge on behalf of all these charge-sheeted accused persons," the court said.
The court clarified that if fresh incriminating material surfaces against the 13 accused through further investigation, they would be given a copy of any supplementary chargesheet and an additional opportunity to argue on that material, or seek amendment of charges under the law.
Noting that the case record runs to around 20,000 pages and the matter requires an expeditious trial under the Public Examinations Act, the court directed that arguments on charge continue.
This report was published from a wire feed. Apart from the headline, the EdexLive Desk has not edited the copy.
