Supreme Court Lays Down Guidelines for Filing of Chargesheet 

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Supreme Court Lays Down Guidelines for Filing of Chargesheet 

Supreme Court while dealing with a petition challenging judgment and order passed by the High Court of Jharkhand at Ranchi, whereby the High Court had dismissed an application seeking bail in respect of the FIR under Sections 302, 120-B/34 of IPC and Section 25(1-B) A/26/27/35 of the Arms Act observed that “Having gone through the chargesheet, we must observe that it is bereft of any details and particulars. The Director General of Police (DGP), State of Jharkhand will examine whether the said chargesheet is in accordance with law, and if such chargesheets are being filed, appropriate steps should be taken in compliance with the relevant provisions of the Code of Criminal Procedure, 1973. The DGP, State of Jharkhand will file an action report within a period of four weeks from today.

Subsequently, after receiving the action taken report, Supreme Court considered the aspect of the report being filed under 173(2) Cr. P.C and observed that the Police Report submitted under Section 173(2) was a very important piece of document from the viewpoint of the prosecution, the defence and the court, Supreme Court as such deemed it necessary to elaborately deal with the various aspects involved in the said provision and as such laid down that the Report of a police officer on the completion of the investigation shall contain the following:

(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 Indian Penal Code (45 of 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.PC. 

(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). 

The Court as such directed that the officer in charge of the police stations in every State shall strictly comply with the afore-stated directions, and the non-compliance thereof shall be strictly viewed by the concerned courts in which the Police Reports are submitted. The judgement was further directed to be sent  to all the Chief Secretaries of the States/UTs as also to Registrar Generals of the High Courts for perusal and compliance.

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