(A) Code of Criminal Procedure, 1973 – Section 173(2) – Charge sheet – Without sufficient details of facts and evidence – Merely replicating FIR contents, violate Section 173(2) of the Code of Criminal Procedure, 1973.
Supreme Court directs that police reports must contain specific details as outlined in Dablu Kujur v. State of Jharkhand. Compliance with Section 173(2) is mandatory for a chargesheet to form the basis for cognisance by the court.
The chargesheet serves as the basis for summoning the accused by the Magistrate; its contents are crucial for subsequent legal proceedings. Police officers are obligated to forward all relevant documents and statements of witnesses along with the chargesheet.
The chargesheet should provide clear and complete entries regarding the crime and the accused’s role, enabling the court to understand the case thoroughly. In cases of doubt or ambiguity, the Magistrate may seek clarification or order further investigation before taking cognisance. (Para 3, 4, 5, 13, 15, 17, 18, 20, 21, 24, 28, 29, 30, 31)
(B) Indian Penal Code, 1860 – Sections 406, 420, 506, 120B – Quashing of criminal proceedings – Essential elements not present – The appellants are engaged in a legal dispute over the ownership of a property and were accused of breach of trust and criminal intimidation. The charge sheet filed against them failed to establish the essential elements of the alleged offences under Sections 406, 420, and 506 of the IPC. Quashing of the charge sheet and summoning order was justified as the allegations lacked evidence to support the charges. Criminal proceedings quashed. [Para 32]
(C) Indian Penal Code, 1860 – Section 420, 120B – Quashing of Criminal Proceedings – Misuse of criminal proceedings for civil disputes – The appellant was accused of fraud under Sections 420 and 120B IPC for allegedly taking money on false promises related to property transactions. The court allowed the appeal and directed anticipatory bail for the appellant, emphasizing the need to prevent misuse of criminal proceedings for civil disputes. [Para 41]
(D) Indian Penal Code, 1860 – Section 420, 120B – Quashing of Criminal Proceedings – Lack of detailed evidence – The appellant was accused of assault and other offences based on a physical altercation at a workplace. The summoning order and non-bailable warrants against the appellant were quashed due to lack of detailed evidence in the charge sheet. The court directed the appellant’s release on bail, highlighting the importance of protecting individual liberty and ensuring fair judicial process. [Para 45-48]
SUPREME COURT OF INDIA
2024 STPL(Web) 313 SC
[2024 INSC 363]
Sharif Ahmed And Another Vs. State Of Uttar Pradesh And Another
Criminal Appeal No. 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
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