Is Arrest Illegal If Person Isn't Supplied Earlier Charge Sheet Filed Against Co-Accused? Bombay High Court Answers

The Bombay High Court recently held that the arrest of a person after the filing of chargesheet against already arrested co-accused is not illegal merely because the arrested person was not provided with a copy of the chargesheet along with the grounds of arrest. [2026 LiveLaw (Bom) 302]

Sitting at the Kolhapur seat, the division bench of Justice Vrushali Joshi and Justice Sandesh Patil clarified that the provisions mandating serving of 'grounds of arrest' and 'chargesheet' copy are separate and operate in difference places. 

The bench pointed out that section 50 of Criminal Procedure Code (CrPC) speaks about arrest of persons and mandates the police officer to serve a copy of the grounds of arrest to a person before his or her arrest.

Section 207 on the other hand casts duty upon a Magistrate to ensure that the copy of the chargesheet along with the FIR and the statements recorded under section 161 are provided to the accused.

"The question of supplying the documents under the provisions of Section 207 of the Code arises when the accused is chargesheeted...Whereas Section 50 of the Code talks about arrest of persons...Since both the said provisions operate in different place, it would be too preposterous to assume that the accused should be given the copy of the charge sheet filed at the earlier stage against the earlier co-accused. It is not in dispute that the accused/Petitioner herein at a subsequent stage would definitely be entitled to the charge sheet filed under Section 173 of the Code, where the stage of Section 207 comes into picture. However, it will not be possible to adhere to the prayers made by the Petitioner that under Section 207 of the Code, those documents should have been supplied to the Petitioner at the stage of Section 50 of the Code itself," the judges held. 

The order comes on a plea filed by one Yogesh Ghaste, who challenged the validity of his arrest on the ground that though he was served with the grounds of arrest, his arrest is vitiated because the court did not provide him with the copy of the chargesheet which the police had already filed in the case against some arrested co-accused. 

Notably, Ghaste was the original complainant in this case but was later on arrested after the police noted some incriminating material against him in the statements of some of the co-accused. These statements were part of the chargesheet filed in the case.

It was Ghaste's argument that the grounds of arrest would include not only the grounds which were supplied to the accused at that point of time by the police, but it would also mean the statements recorded under the provisions of Section 161 of the Code, where the investigation was carried out qua the other accused persons.

The order authored by Justice Patil rejects the plea stating,

"The Petitioner does not dispute that the grounds of arrest were given to him, rather his entire edifice rests upon the fact that the grounds of arrest were given, but the documents as contemplated under Section 207 of the Code were not given. The attempt of the Petitioner to stretch the provisions of Section 207 of the Code into the provisions of Section 50 of the Code is totally preposterous, uncalled for and contrary to the settled law. For this reason, we have no hesitation to dismiss this petition," Justice Patil said in the order. 

With these observations, the bench dismissed the plea. 

Appearance:

Advocate Tapan Thatte appeared for the Petitioner. 

Additional Public Prosecutor Avinash Naik represented the State. 

Case Title: Yogesh Shantinath Ghaste vs State of Maharashtra (Criminal Writ Petition 4786 of 2025)

Citation: 2026 LiveLaw (Bom) 302

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