Chargesheet without complete details gives rise to many legal issues: Supreme Court

The top court said it was incumbent on the part of the investigating officer to strictly comply with the requirements of the provisions, as non-compliance gives rise to many legal issues in the court of law.

New Delhi: Supreme Court on Tuesday said it is incumbent on the part of the investigating officer to strictly comply with the requirements in filing charge sheet with complete details, as non compliance of the provisions of the Criminal Procedure Code gives rise to many legal issues in the court of law.

A bench of Justices Bela M Trivedi and Pankaj Mithal said a charge sheet is nothing but a final report of the police officer under Section 173(2) of CrPC. The court noted in many states like Bihar and Uttar Pradesh, charge sheets are being filed bereft of details and particulars.

"It is an opinion or intimation of the investigating officer to the concerned court that on the material collected during the course of investigation, an offence appears to have been committed by the particular person or persons, or that no offence appears to have been committed," the court pointed out.

Having regard to the provisions contained in Section 173, the bench directed that the report of police officer on the completion of investigation shall contain a report in the form prescribed, the names of the parties; the nature of the information; the names of the persons who appear to be acquainted with the circumstances of the case; whether any offence appears to have been committed and, if so, by whom; whether the accused has been arrested etc.

The court was dealing with bail plea by a murder accused Dablu Kujur. It declined the relief as the trial was at the fag end.

However, in the case, the bench noted the charge sheet did not contain complete details.

The bench said there are various reports required to be submitted by the police in charge of the police station before, during and after the investigation as contemplated in Chapter XII of CrPC.

It is only the report forwarded by the police officer to the Magistrate under sub-section (2) of Section 173 of CrPC that can form the basis for the competent court for taking cognizance thereupon, the bench said.

"We have found that the investigating officers while submitting the charge sheet/Police Report do not comply with the requirements of the said provision. Though it is true that the form of the report to be submitted under Section 173(2) has to be prescribed by the State Government and each State Government has its own Police Manual to be followed by the police officers while discharging their duty, the mandatory requirements required to be complied with by such officers in the Police Report/charge sheet are laid down in Section 173, more particularly sub-section (2) thereof," the bench said.

The court elaborately dealt with the issue while saying non-compliance would be strictly viewed by the concerned courts in which the police reports are submitted."A copy of this order be sent to all the Chief Secretaries of the States/UTs as also to Registrar Generals of the High Courts for perusal and compliance," the bench said.