TaxTMI 
TaxTMI 
2024 (5) TMI 1541
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....Singh, AOR, Mr. Sarthak Chandra, Adv.,, Mr. Rajesh Srivastava, AOR, Mr. Gaurav Verma, Adv., Mr. Dushyant Parashar, AOR. JUDGMENT SANJIV KHANNA, J. 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, 1973 ["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 Report ["FIR", for short], and then proceed to state whether an offence is made out, or not made ou....
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....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 forwarding the accused to the Magistrate, then the officer shall release the person if he is in custody on his executing a bond, with or without sureties, with a direction to such person to appear if and when so required, before the Magistrate empowered to take cognisance of the offence from the police report[1] 5. Section 170 of the Code deals with the cases where it appears to the officer that there is sufficient evidence or reasonable ground to proceed. In such an event he is required to submit ....
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....t. The report is complete if it is accompanied with all the documents and statements of witnesses as required by Section 175(5)..." 6. We would like to elaborate on certain aspects, as submission of the chargesheet is for taking cognisance and summoning of the accused by the Magistrate, which stages are of considerable importance and significance. 7. Section 173 of the Code reads: "173. Report of police officer on completion of investigation.- (1) Every investigation under this Chapter shall be completed without unnecessary delay. (1A) The investigation in relation to an offence under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E of the Indian Penal Code (45 of 1860) shall be completed within two months from the date on which the information was recorded by the officer in charge of the police station. (2) (i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating- (a) the names of the parties; (b) the nature of the information; ....
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....quest. (7) Where the police officer investigating the case finds it convenient so to do, he may furnish to the accused copies of all or any of the documents referred to in sub-section (5). (8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub-sections (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2)". 8. Sub-section (2) to Section 173 makes a considered departure from sub-Section (1) to Section 173 of the Code of Criminal Procedure, 1898 ["1898 Code", for short]. Subsection (1)(a) to Section 173 of the 1898 Code had stipulated that as soon as the investigation is completed, the officer in-charge of the police station shall forward to the Magistrate, a report in the form prescribed b....
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....reau of Investigation v. Hemendhra Reddy & Anr., 2023 SCC OnLine SC 515] and not to make up or reparate for a chargesheet which does not fulfil requirements of Section 173(2) of the Code. 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. 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 [See also, para 21 below on the power of the police to investigate under Section 173(8) of the Code]. 14. In the context of the present issue, it would be apt to refer to Section 190 and Section 204 of the Code, along with the provisions relating to contents of charge....
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....specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged. (4) The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge. (5) The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case. (6) The charge shall be written in the language of the Court. (7) If the accused, having been previously convicted of any offence, is liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit to award for the subsequent offence, the fact, date and place of the previous conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at any time before sentence is passed. 212. Particulars as to time, place and person.-(1) The charge shall contain such particular....
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....ept the report and take cognizance of the offence and issue process, (ii) he may direct further investigation under subsection (3) of Section 156 and require the police to make a further report, or (iii) he may disagree with the report and discharge the accused or drop the proceedings. If such Police Report concludes that no offence appears to have been committed, the Magistrate again has three options: (i) he may accept the report and drop the proceedings, or (ii) he may disagree with the report and taking the view that there is sufficient ground for proceeding further, take cognizance of the offence and issue process, or (iii) he may direct further investigation to be made by the police under sub-section (3) of Section 156." It is in this context that the provisions of Sections 190 and 204 of the Code become important. Clause (a) of Section 190 states that the Magistrate can take cognisance of an offence on receiving a complaint of facts which constitute such offence. Clause (b) relates to a situation where the Magistrate receives a police report carrying such facts, i.e., facts which constitute such offence. In Minu Kumari and Another v. State of Bihar and Others [(2006) 4 SC....
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....ted above, there is no provision in the Code for issue of a notice in that regard. 13. We may add here that the expressions "charge-sheet" or "final report" are not used in the Code, but it is understood in Police Manuals of several States containing the rules and the regulations to be a report by the police filed under Section 170 of the Code, described as a "charge-sheet". In case of reports sent under Section 169 i.e. where there is no sufficiency of evidence to justify forwarding of a case to a Magistrate, it is termed variously i.e. referred charge, final report or summary. Section 173 in terms does not refer to any notice to be given to raise any protest to the report submitted by the police. Though the notice issued under some of the Police Manuals states it to be a notice under Section 173 of the Code, there is nothing in Section 173 specifically providing for such a notice." 16. This Court in Bhushan Kumar and Another v. State (NCT of Delhi) and Another [(2012) 5 SCC 424] while referring to Sections 190 and 204 of the Code has observed that the expression "cognisance" in Section 190 merely means "becoming aware of", and when used with reference to a court or a ....
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....nerally not interfered with by High Courts, unless necessary to secure the ends of justice [R.P. Kapur v. State of Punjab, AIR 1960 SC 866; State of Haryana and Others v. Bhajan Lal and Others, 1992 Supp (1) SCC 335] . 18. The decision in Bhushan Kumar (supra) also refers to Section 251 of the Code, which is a stage post appearance of the accused, and observes: "20. It is inherent in Section 251 of the Code that when an accused appears before the trial court pursuant to summons issued under Section 204 of the Code in a summons trial case, it is the bounden duty of the trial court to carefully go through the allegations made in the charge-sheet or complaint and consider the evidence to come to a conclusion whether or not, commission of any offence is disclosed and if the answer is in the affirmative, the Magistrate shall explain the substance of the accusation to the accused and ask him whether he pleads guilty otherwise, he is bound to discharge the accused as per Section 239 of the Code." 19. Sections 211 to 213 and Section 218 of the Code deal with the contents of the charge. The object and purpose of these provisions is to bring the nature of allegations against t....
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....her approach and investigation. It has been noted in the reported decision that an investigating officer is completely responsible and answerable for the manner and methodology adopted in completing his investigation. Concededly, upon completion of investigation, the investigating officer is obliged to submit report setting out prescribed details, to the Magistrate empowered to take cognizance of the offence referred to therein, without unnecessary delay. The report so presented is the conclusion reached by the investigating officer on the basis of materials collected during investigation. The duty of the investigating officer is to collate every relevant information/material during the investigation, which he must believe to be the actual course of events and the true facts unraveling the commission of the alleged crime and the person involved in committing the same. He is expected to examine the materials from all angles. In the event, there is sufficient evidence or reasonable ground that an offence appears to have been committed and the person committing such offence has been identified, the investigating officer is obliged to record his opinion in that regard, as required by S....
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....rative evidence in support thereof. In absence of corroborative evidence, it would be merely a case of suspicion and not pass the muster of grave suspicion, which is the pre-requisite for sending the suspect for trial. This is the mandate in Section 173(2)(i)(d) of the Code, which postulates that the investigating officer in his report must indicate whether any offence appears to have been committed and if so, by whom. The opinion of the investigating officer formed on the basis of materials collected during the investigation/enquiry must be given due weightage. That would only be the threshold, to facilitate the concerned Court to take cognizance of the crime and then frame charge if it is of the opinion that there is ground for presuming that the accused has committed an offence triable under Chapter XIX of the Code." 23. In K. Veeraswami (supra), K. Jagannatha Shetty, J. pronounced the judgment for himself and M.N. Venkatachaliah, J. (as His Lordship then was) on the question of contents of the chargesheet and observed: "75. In the view that we have taken as to the nature of the offence created under clause (e), it may not be necessary to examine the contention relat....
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....rocess 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 Section 173(2) of the Code, and the mandate of the State rules. Further, the earlier portion of the same paragraph, while referring to the opinion of the investigating officer, does so to demonstrate the significance of the opinion of the investigating officer at this stage. However, this does not preclude the Magistrate from exercising her powers in adopting an approach independent from such opinion, as has been held by this Court in Bhagwant Singh (supra) and Minu Kumari (supra). 24. It is the police report which would enable the Magistrate to decide a course of action from the options 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 Section 190(1)(b) and Section 204 of the Code. In case of doubt or debate, or if no offence....
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.... of the penal enactment. In furtherance of this, reference is made to Satya Narain Musadi and Others v. State of Bihar [(1980) 3 SCC 152], in stating that the chargesheet should comply with the statutory requirements, and the various details prescribed therein should be included in the report. 26. The object and purpose of the police investigation is manyfold. It includes the need to ensure transparent and free investigation to ascertain the facts, examine whether or not an offence is committed, identify the offender if an offence is committed, and to lay before the court the evidence which has been collected, the truth and correctness of which is thereupon decided by the court. 27. In H.N. Rishbud and Inder Singh v. State of Delhi [(1954) 2 SCC 934], this Court notes that the process of investigation generally consists of: 1) proceeding to the concerned spot, 2) ascertainment of facts and circumstances, 3) discovery and arrest, 4) collection of evidence which includes examination of various persons, search of places and seizure of things, and 5) formation of an opinion on whether an offence is made out, and filing the chargesheet accordingly. The formation of opinion is ther....
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.... material evidence available on the file. Statements under Section 161 of the Code and related documents have to be enclosed with the list of witnesses. The role played by the accused in the crime should be separately and clearly mentioned in the chargesheet, for each of the accused persons. PART II 32. As we turn to the second part of our judgment, it would be appropriate to lead our decision in each case with a brief overview of its pertinent facts: A. Appeal arising out of SLP (Crl.) No. 1074/2017 * The appellants have been involved in a drawn-out litigation with several parties over the ownership of Property No. 80-A, 23,072 sq. ft., forming a part of Khasra no. 1016/647 and 645, situated within Chandrawli/Shahdara, now in Abadi, at Circular Road, Shahdara, Delhi- 110032 ["subject property", for short] * Appellant No. 2 - Sharif Ahmad and Appellant No. 3 - Anwar Ahmad (since deceased), purchased a part in the subject property on behalf of their partnership firm Dream Land & Co., while Appellant No. 1 - Vakil Ahmad (since deceased) had done so in his individual capacity. * To avoid prolixity, we would refrain from setting out t....
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....Sir, the above said case was got registered by the complainant Shri Iqbal on 23/5/16 at this police station, the investigation of which handed over to me S.I., the investigation of which done by me S.I. and from all the investigation till now, statement of the complainant, statement of the witnesses and inspection of place of occurrence, the deal of plot measuring 2600 which is at behind Sadar Police Station was finalized by the accused persons with the complainant and his partner Surender Sharma for 4 crore, for which by not getting executed the registry of the same at the time of the complainant and after receiving a sum of Rs. 1 crore of his partner Surender Sharma as earnest money, selling of plot to Kusum Jain and D.K. Jain, by not refunding a sum of Rs. 1 crore of the complainant and his partner, grabbing by doing breach of trust, making pretexts on demanding again and again and the threat to kill, hence the offence under section 406, 506 I.P.C. is thoroughly proved upon the accused persons Sharif Ahmed, Anwar Ahmed, Vakil Ahmed, Aadil Ahmed, the occurrence of section 420 I.P.C. is not found, hence the challan of the accused persons, by charge sheet No. 153/16 ....
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....ut or established at the time when the agreement was entered. 38. An offence of criminal intimidation arises when the accused intendeds to cause alarm to the victim, though it does not matter whether the victim is alarmed or not. The intention of the accused to cause alarm must be established by bringing evidence on record. The word 'intimidate' means to make timid or fearful, especially: to compel or deter by or as if by threats ["intimidate". Merriam-Webster.com. Merriam-Webster, 2024]. The threat communicated or uttered by the person named in the chargesheet as an accused, should be uttered and communicated by the said person to threaten the victim for the purpose of influencing her mind. The word 'threat' refers to the intent to inflict punishment, loss or pain on the other. Injury involves doing an illegal act. 39. This Court in Manik Taneja and Another v. State of Karnataka and Another [(2015) 7 SCC 423], had referred to Section 506 which prescribes punishment for the offence of 'criminal intimidation' as defined in Section 503 of the IPC, to observe that the offence under Section 503 requires that there must be an act of threating another person with causing an injury ....
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....er section 156(3) Cr. P.C. for registering a FIR No. 519/2019 under the section of 420, 120B IPC against 1. Ziyauddin S/o Gyasudding aged about 70 years 2. Zamaluddin S/o Gyasuddin aged about 65 years 3. Kamaluddin S/o Gyasuddin aged about 50 years 4. Rahisuddin S/o. Unknown 5. Imran aged about 36 years S/o Zamaluddin 6. Kahsif S/o Zamaluddin aged about 31 all are residence of Mohalla Ktarmal, kasba Chandpur, Chanpur, Bijnor, UP. the crime under section 420, 120B IPC is proved against the Ziyauddin S/o Gyasudding, Zamaluddin S/o Gyasuddin, Kamaluddin S/o Gyasuddin, Rahisuddin S/o Unknown, Imran S/o Zamaluddin, Kahsif S/o Zamaluddin. Hence, filing this charge sheet before the Hon'ble court and requesting to this Hon'ble court to punish the all the accused." * By an order dated 10.05.2021, the Allahabad High Court granted interim anticipatory bail to the appellant till 03.01.2022, in terms of the conditions mentioned in the order, and observed that the appellant herein may approach the High Court again if so advised, in case of a change in circumstances. * On 23.03.2022, Allahabad High Court dismissed the Cr....
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....n Aliganj, Lucknow, alleging that on 23.12.2019 at about 12:15 p.m. two officers of the National Research Laboratory for Conservation of Cultural Property, Lucknow ["NRLC", for short], namely, Bachhan Singh Rawat, Security Officer and Mahendra Kumar, Division Clerk/Caretaker had attacked him with a helmet and lathi, and had threatened to kill him. At about 1:12 p.m. FIR No. 556/2019 dated 23.12.2019 was registered against Bachhan Singh Rawat and Mahendra Kumar under Section 323, 504 and 506 IPC. * A statement under Section 161 of the Code was also recorded, where Rajesh Wangvelu stated that he was discriminated against for belonging to a different State. He had done nothing wrong and did not allow his subordinates to do anything wrong, for which reason Bachhan Singh Rawat and Mahender Kumar remained angry with him. He added in his statement that the appellant - Manager Singh was also present during this altercation. He had abused him and stated - "maaro sale ko, bahut imandaar banta hai" i.e., "hit him, he wants to be too honest". Bachhan Singh Rawat and Mahendra Kumar had hit him till he fainted. When he regained consciousness, they had left the place. * Man....
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....ing out of FIR No. 556/2019 before the Allahabad High Court. He was given the benefit of arrest till the filing of the chargesheet, by an order of the High Court dated 09.01.2020. * On 04.02.2020, a chargesheet was filed with an addition of Sections 308, 325 and 120B IPC, and impleading Manager Singh as an accused. The chargesheet under Section 173 of the Code, submitted before the court in the present case, under the column relating to brief facts of the case reads as under: "Sir, the aforesaid case was registered on the basis of written report/complaint of the complainant of the case and the investigation was being done by the S.I. Shri Ramchandra Mishra. On 15.01.2020 I have received the investigation. During the investigation, on the basis of the statement of the complainant as well as on the basis of medical report, section 120B/308/325 IPC was added and the name of accused Manager Singh has come into light, in which Bachan Sing Rawat and Mahendra Kumar were sent in judicial custody on 24.12.19. Till the filing of charge sheet, the accused Manager Singh has been granted stay of arrest by the court. The offences under Section 323/504/506/120B/308/325 IPC ....
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....t him. * Another order dated 04.03.2021 records that bailable warrants were issued against Manager Singh but he had remained absent. To ensure his personal appearance non-bailable warrants were issued against him. * By the impugned order dated 16.03.2021, the High Court had dismissed the petition filed by Manager Singh under Section 482 of the Code, to quash the criminal proceedings against him. * On 03.09.2021, the High Court granted a further period of 10 days' time to Manager Singh to surrender. He did not surrender and filed another application seeking extension of time to surrender. * On 03.12.2021, Manager Singh filed the present appeal challenging correctness of the impugned order dated 16.03.2021. * Rajesh Wangvelu has, before us, referred to FIR No. 224 of 2020 registered under Sections 406, 419, 420, 467, 468, 471 IPC on account of certain contracts having been awarded by Manager Singh, Dr. Neeta Nigam, Bachhan Singh Rawat, Mahendra Kumar, to M/s. V.K. Singh Construction Company, Punjab, in which case a final report has been submitted to the court. He has also referred to an office order dated 03.09.2021 passed by the Gove....
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....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 [See, Popular Muthiah v. State Represented by Inspector of Police (2006) 7 SCC 296 and earlier judgment of the Calcutta High Court in Rahim Sheikh (1923) 50 Cal 872, 875] 48. It is also directed that Manager Singh shall be released on bail by the arresting officer/ investigating officer/trial court on the terms and conditions to be fixed by the trial court in connection with the chargesheet originating from FIR No. 556 of 2019. The direction given by the High Court in its order dated 09.01.2020 restricting the grant of anticipatory bail till the filing of the chargesheet is accordingly modified. We have issued the said direction in exercise of power under Article 142 read with Article 136 of the Constitution of India in view of the peculiar facts of the present case, including issue of nonbailable warrants etc. by the court of Special Chief Judicial Magistrate. CONCLUSION 49. In view of the aforesaid discussion, (i) the appeal arising out of SLP (Crl.) No. 1074/2017 preferred ....