LexSHARIF AHMED AND ANOTHER versus STATE OF UTTAR PRADESH AND ANOTHER
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* Author [2024] 6 S.C.R. 86 : 2024 INSC 363 Sharif Ahmed and Another v. State of Uttar Pradesh and Another (Criminal Appeal No. 2357 of 2024) 01 May 2024 [Sanjiv Khanna* and S.V.N. Bhatti, JJ.] Issue for Consideration Nature of chargesheets filed in some jurisdictions by the State/ Police, without stating sufficient details of the facts constituting the offense or putting the relevant evidence on record; significance of chargesheets for taking cognizance, summoning of the accused etc. by the Magistrate; chargesheets and criminal proceedings against the appellants, if to be quashed. Headnotes Code of Criminal Procedure, 1973 – s.173 – Report of police officer on completion of investigation – Nature and standard of evidence in chargesheet – Chargesheet when complete: Held: The requirement of “further evidence” or a “supplementary chargesheet” as referred to u/s.173(8) is to make additions to a complete chargesheet and not to make up or reparate for a chargesheet which does not fulfil requirements of s.173(2) – The chargesheet is complete when it refers to material and evidence sufficient to take cognizance and for the trial – The nature and standard of evidence to be elucidated in a chargesheet should prima facie show that an offence is established if the material and evidence is proven – The chargesheet is complete where a case is not exclusively dependent on further evidence and the trial can proceed on the basis of evidence and material placed on record with the chargesheet – This standard is not overly technical or fool-proof, but a pragmatic balance to protect the innocent from harassment due to delay as well as prolonged incarceration, and yet not curtail the right of the prosecution to forward further evidence in support of the charges – However, chargesheet need not elaborately evaluate the evidence, as the process of evaluation is a matter of trial – This does not mean that the chargesheet should not disclose or refer to the facts as to meet the requirements of s.173(2), and the mandate of the State rules – It is the police report which would enable the Magistrate to decide a course of action from the options [2024] 6 S.C.R. 87 Sharif Ahmed and Another v. State of Uttar Pradesh and Another available to him – The details of the offence and investigation are not supposed to be a comprehensive thesis of the prosecution case, but at the same time, must reflect a thorough investigation into the alleged offence – It is on the basis of this record that the court can take effective cognisance of the offence and proceed to issue process in terms of s.190(1)(b) and s.204, CrPC – Investigating officer must make clear and complete entries of all columns in the chargesheet so that the court can clearly understand which crime has been committed by which accused and what is the material evidence available on the file – Statements u/s.161 of the Code and related documents have to be enclosed with the list of witnesses – Role played by the accused in the crime should be separately and clearly mentioned in the chargesheet, for each of the accused persons – Chargesheet and summoning order quashed in Cr.A. 2357 of 2024, appellants discharged – Chargesheet in SLP (Crl.) No.9482/2021 bereft of details and particulars, summoning order quashed. [Paras 13, 23, 24, 31, 40, 45] Code of Criminal Procedure, 1973 – ss.173(2), 190, 204, 251 – Chargesheet integral to the process of taking cognisance, summoning of the accused, the issue of notice, framing of charge: Held: There is an inherent connect between the chargesheet submitted under Section 173(2), cognisance which is taken u/s.190, issue of process and summoning of the accused u/s.204, and thereupon issue of notice u/s.251, or the charge in terms of Chapter XVII of the Code – The details set out in the chargesheet have a substantial impact on the efficacy of procedure at the subsequent stages – The chargesheet is integral to the process of taking cognisance, the issue of notice and framing of charge, being the only investigative document and evidence available to the court till that stage – Substantiated reasons and grounds for an offence being made in the chargesheet are a key resource for a Magistrate to evaluate whether there are sufficient grounds for taking cognisance, initiating proceedings, and then issuing notice, framing charges etc. – These provisions, however, have to be read along with the power of the police
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