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SUPREME COURT OF INDIA
SANJIV KHANNA, S.V.N. BHATTI, JJ.
Sharif Ahmed And Another – Appellants
Versus
State Of Uttar Pradesh And Another - Respondents
CRIMINAL APPEAL NO. 2357 OF 2024 (ARISING OUT OF SPECIAL LEAVE PETITION (CRL.) NO. 1074 OF 2017) WITH CRIMINAL APPEAL NO. OF 2024 (ARISING OUT OF SPECIAL LEAVE PETITION (CRL.) NO. 9482 OF 2021) AND CRIMINAL APPEAL NO. OF 2024 (ARISING OUT OF SPECIAL LEAVE PETITION (CRL.) NO. 5419 OF 2022)
Decided on : 01-05-2024
(A) Criminal Procedure Code, 1973 – Section 173(2) – Contents of charge-sheet – Charge-sheets being filed without stating sufficient details of facts constituting offence or putting relevant evidence on record – Charge-sheet is complete when it refers to material and evidence sufficient to take cognizance and for trial – Nature and standard of evidence to be elucidated in a charge-sheet should prima facie show that an offence is established if material and evidence is proven – Charge-sheet is complete where a case is not exclusively dependent on further evidence – Trial can proceed on the basis of evidence and material placed on record with charge-sheet – Standard is not overly technical or fool-proof but a pragmatic balance to protect innocent from harassment due to delay as well as prolonged incarceration and yet not curtail right of prosecution to forward further evidence in support of charges. (Para 13)
(B) Criminal Procedure Code, 1973 – Sections 190 and 204 – Cognizance of offence and issuance of process – Section 204 of Cr.P.C. does not mandate Magistrate to explicitly state reasons for issue of summons and this is not a prerequisite for deciding validity of summons – Nevertheless, requirement of Cr.P.C. is that summons is issued when it appears to Magistrate that there is sufficient ground for proceeding against accused – Summons is issued to person against whom legal proceedings have commenced – Magistrate in terms of Section 204 of Cr.P.C. is required to exercise his judicial discretion with a degree of caution, even when he is not required to record reasons, on whether there is sufficient ground for proceeding – Proceedings initiated by a criminal court are generally not interfered with by High Courts unless necessary to secure ends of justice – Substantiated reasons and grounds for an offence being made in charge-sheet 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 have to be read along with power of police to investigate under sub-section (8) to Section 173 of Cr.P.C. even when they have submitted a report under sub-section (2) to Section 173 of Cr.P.C. – Police also has power to produce additional documents and evidence – It is police report which would enable Magistrate to decide a course of action from options available to him – Details of offence and investigation are not supposed to be a comprehensive thesis of prosecution case but at the same time, must reflect a thorough investigation into alleged offence. (Paras 17, 20, 21 and 24)
(C) Criminal Procedure Code, 1973 – Section 173 – Police investigation and charge-sheet – Object and purpose of police investigation is manifold – It includes need to ensure transparent and free investigation to ascertain facts, examine whether or not an offence is committed, identify offender if an offence is committed and to lay before court the evidence which has been collected, truth and correctness of which is thereupon decided by court – In case of any doubts or ambiguity arising in ascertaining facts and evidence, Magistrate can, before taking cognisance, call upon investigating officer to clarify and give better particulars, order further investigation, or even record statements in terms of Section 202 of Cr.P.C. – Investigating officer must make clear and complete entries of all columns in charge-sheet so that court can clearly understand which crime has been committed by which accused and what is material evidence available on file – Statements under Section 161 of Cr.P.C. and related documents have to be enclosed with the list of witnesses – Role played by accused in crime should be separately and clearly mentioned in charge-sheet, for each of accused persons. (Paras 26, 29 and 31)
(D) Indian Penal Code, 1860 – Sections 406, 420 and 506 – Criminal breach of trust and cheating and criminal intimidation – Charge-sheet – Offence under Section 406 of IPC requires entrustment – A normal transaction of sale or exchange of money/consideration does not amount to entrustment – Charge/offence of Section 406 IPC is not even remotely made out – Charge-sheet states that offence under Section 420 is not made out – Offence of cheating is established when dishonest intention exists at the time when contract or agreement is entered – Offence of criminal intimidation arises when accused intendeds to cause alarm to victim, though it does not matter whether victim is alarmed or not – Intention of accused to cause alarm must be established by bringing evidence on record – Mere expression of any words without any intent to cause alarm would not be sufficient to bring home an offence under Section 506 of IPC – Charge-sheet and summoning order quashed and appellants discharged. (Paras 36, 37, 38, 39 and 40)
(E) Criminal Procedure Code, 1973 – Sections 205 and 317 – Exemption from personal appearance – Power to grant exemption from personal appearance under Cr.P.C. should not be read in a restrictive manner as applicable only after the accused has been granted bail – Power to grant exemption from personal appearance should be exercised liberally, when facts and circumstances require such exemption – While provisions of Cr.P.C. are considered to be exhaustive, cases arise where Code is silent and court has to make such order as ends of justice require – In such cases, criminal court must act on principle that every procedure which is just and fair, is understood as permissible till it is shown to be expressly or impliedly prohibited by law. (Para 47)
Facts of the case:
Concerns which have arisen during the course of hearing the present appeals are of particular significance for meeting the ends of criminal justice and relate to the nature of charge-sheets filed in some jurisdictions by State/police.
Findings of Court:
While provisions of Code are considered to be exhaustive, cases arise where Code is silent and court has to make such order as the ends of justice require. In such cases, criminal court must act on the principle, that every procedure which is just and fair, is understood as permissible, till it is shown to be expressly or impliedly prohibited by law.
Result : Appeal allowed.
Certainly. Based on the provided legal document, here are the key points:
The contents of a charge-sheet are considered complete when it references material and evidence sufficient to take cognizance and proceed to trial. The evidence should prima facie establish that an offence is made out if proven (!) (!) .
The role played by each accused must be explicitly and separately mentioned in the charge-sheet to ensure clarity and proper understanding of each individual's involvement (!) (!) .
The police investigation should be thorough, reflecting a clear and complete inquiry into the offence, including all relevant facts, evidence, and statements. The investigation report must contain sufficient details to enable the court to understand the case and decide on cognizance (!) (!) (!) .
The police report or charge-sheet should not be overly technical but must pragmatically balance protecting the rights of the accused and enabling the prosecution to proceed effectively, including the inclusion of relevant evidence and material facts (!) (!) .
The standard for the police to forward a charge-sheet is that it should indicate material and evidence sufficient to establish a case, not necessarily to prove guilt but to show that an offence appears to have been committed based on the investigation (!) (!) .
The decision to take cognizance, issue process, or summon an accused relies heavily on the information and evidence presented in the charge-sheet. It must reflect a thorough investigation that reasonably shows that an offence has been committed and that the accused is involved (!) (!) .
The authority of a magistrate to issue summons or warrants must be exercised with caution, ensuring there are sufficient grounds for proceeding. The reasons for such issuance need not always be explicitly recorded, but the grounds must be prima facie established (!) (!) .
The provisions for exemption from personal appearance should be interpreted liberally, considering the circumstances of each case, and should not be restricted solely to post-bail situations. The court’s discretion should be exercised in a manner that upholds justice and fairness (!) (!) .
The issuance of non-bailable warrants should not be routine; they require careful consideration that the accused is likely to evade justice or tamper with evidence, and such warrants should be issued only when justified by the facts (!) .
The process of framing charges should ensure that the accused is adequately informed of the allegations, with clear particulars regarding the time, place, and nature of the offence. Separate charges should be framed for distinct offences, and they should be tried separately unless the circumstances justify joint trial (!) (!) .
The court emphasizes the importance of a proper, complete, and detailed charge-sheet to enable the magistrate to exercise their functions effectively, including the power to call for further investigation or clarification if necessary (!) (!) .
The legal procedures, from investigation to cognizance, process issuance, and framing of charges, must be followed diligently, with the court ensuring that the rights of the accused are protected and that proceedings are based on a sound and complete investigation record (!) (!) .
The court has the authority to quash proceedings or chargesheets that are found to be vague, incomplete, or not in accordance with statutory requirements, ensuring that criminal proceedings are not initiated based on insufficient or improper evidence (!) (!) .
The principles governing the exercise of judicial discretion include ensuring fairness, avoiding vexatious proceedings, and safeguarding individual liberty, especially in cases where the charge-sheet lacks sufficient particulars or evidence (!) (!) .
Ultimately, the court's role is to ensure that criminal proceedings are initiated and conducted based on complete, accurate, and legally compliant charge-sheets, with proper regard for procedural safeguards and substantive fairness (!) (!) (!) .
Leave granted in the above matters.
2. The concerns which have arisen during the course of hearing the present appeals are of particular significance for meeting the ends of criminal justice, and relate to the nature of chargesheets filed in some jurisdictions by the state/police. For the sake of convenience, we would divide the judgment into two parts. The first part relates to the legal issue, that is, the contents of the chargesheet in terms of Section 173(2) of the Code of Criminal Procedure, 19731[“Code”, for short.]. The second part deals with the factual aspects of each of the cases, and our decision.
PART I
3. The issue in the first part relates to chargesheets being filed without stating sufficient details of the facts constituting the offense or putting the relevant evidence on record. In some states, the chargesheets merely carry a reproduction of the details mentioned by the complainant in the First Information Report2[“FIR”, for short.], and then proceed to state whether an offence is made out, or not made out, without any elucidation on the evidence and material relied upon. On this issue, the recent judgment of this Court in Dablu Kujur v. State of Jharkhand, 2024 SCC Online SC 269. aptly crystallises the legal position in the following words:
(i) A report in the form prescribed by the State Government stating-
(a) the names of the parties;
(b) the nature of the information;
(c) the names of the persons who appear to be acquainted with the circumstances of the case;
(d) whether any offence appears to have been committed and, if so, by whom;
(e) whether the accused has been arrested;
(f) whether he has been released on his bond and, if so, whether with or without sureties;
(g) whether he has been forwarded in custody under section 170.
(h) Whether the report of medical examination of the woman has been attached where investigation relates to an offence under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or section 376E of the Penal Code, 1860”
(ii) If upon the completion of investigation, there is no sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, the Police officer in charge shall clearly state in the Report about the compliance of Section 169 Cr. P.C.
(iii) When the report in respect of a case to which Section 170 applies, the police officer shall forward to the Magistrate along with the report, all the documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation; and the statements recorded under Section 161 of all the persons whom the prosecution proposes to examine as its witnesses.
(iv) In case of further investigation, the Police officer in charge shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed and shall also comply with the details mentioned in the above sub para (i) to (iii).”
4. The decision in Dablu Kujur (supra) refers to Section 157 of the Code which inter alia states that, if on information received or otherwise, an officer of the police station has reason to suspect commission of an offence which he is empowered under Section 156 to investigate, he shall forthwith send a report of the same to the Magistrate empowered to take cognisance of the offence. Further, he shall proceed in person or depute any of his subordinate officers to proceed to the spot to investigate the facts and circumstances of the case, and if necessary, to take measures for discovery and arrest the offender. Such report is in the nature of a preliminary report. As per Section 169 of the Code, if it appears to the officer in-charge of the police station that there is not sufficient evidence or reasonable ground of suspicion to justify forwar
(1) Contents of charge-sheet – Charge-sheet is complete when it refers to material and evidence sufficient to take cognizance and for trial – Nature and standard of evidence to be elucidated in a cha....
The court affirmed that a magistrate can take cognizance of an offence based on sufficient evidence, even if earlier charge sheets contain irregularities, and emphasized the power to summon additiona....
A police report under Section 173(2) is not incomplete solely for lacking an FSL report if filed within the stipulated time, thus default bail cannot be claimed.
The informant's right to be heard before a Magistrate is context-dependent, not absolute, and does not invalidate proceedings if not provided.
At the stage of taking cognizance and issuing process, the Magistrate is only required to see the sufficiency of the material for proceeding further, not to meticulously examine the evidence. The cou....
Police Report submitted by police under Section 173(2) is a very important piece of document from view point of prosecution, defence and court.
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