The requirements and procedures related to the filing of chargesheets in criminal cases under Section 173(2) of the Code of Criminal Procedure, 1973. The judgment appears to emphasize the importance of providing sufficient details of the facts constituting the offense and the relevant evidence in chargesheets. It also discusses the powers and options available to the Magistrate upon receiving a police report, including taking cognizance of the offense, directing further investigation, or disagreeing with the report and discharging the accused.

The judgment references previous legal decisions and various sections of the Code of Criminal Procedure to support its interpretation and analysis. It underscores the significance of adherence to procedural requirements to ensure fair and effective criminal justice.

This excerpt discusses various legal provisions and judicial observations related to the process of initiating criminal proceedings, particularly focusing on the stages from filing a complaint or police report to the issuance of summons and framing of charges.

1.         Cognisance:  The court's awareness or taking judicial notice of an offense is a prerequisite to initiating proceedings. The magistrate evaluates the complaint or police report to determine if there are sufficient grounds for proceeding but does not assess evidence for conviction at this stage.

2.         Summoning: The magistrate must form an opinion on whether there are sufficient grounds for issuing summons. Even though reasons for summon issuance are not mandatory, the magistrate's discretion should be exercised cautiously.

3.         Contents of Chargesheet: The chargesheet is a final report of the investigating officer under Section 173(2) of the CrPC. It should contain necessary details prescribed by law and should comply with statutory requirements.

4.         Role of Investigating Officer: The investigating officer's duty is to collect evidence impartially, ensuring a fair investigation. They must form an opinion based on collected materials and submit a report to the magistrate without delay.

5.         Role of the Magistrate: The magistrate relies on the police report to decide whether to take cognisance of the offense and issue summons. They can seek clarification or order further investigation if necessary.

The excerpt provides a case overview regarding a dispute over property ownership and the subsequent filing of a First Information Report (FIR) against the appellants. The chargesheet is scrutinized to determine if offenses are established based on the evidence presented.

Overall, the emphasizes the importance of thorough investigation, compliance with legal procedures, and the magistrate's careful consideration before initiating criminal proceedings.

Three separate appeals addressing different criminal proceedings. 

1.         Appeal arising out of SLP (Crl.) No. 1074/2017:

•           The appellants, Sharif Ahmed and Adil, were accused in a criminal case related to alleged criminal intimidation.

•           The court quashed the chargesheet and summoning order against the appellants, stating that the evidence did not establish the intent to cause alarm required for the offence of criminal intimidation.

2.         Appeal arising out of SLP (Crl.) No. 5419/2022:

•           The appellant, Imran, was accused of fraudulent activities related to property transactions.

•           The court allowed the appeal, directing that if Imran is arrested, he should be released on anticipatory bail in connection with the chargesheet under Sections 420 and 120B IPC.

3.         Appeal arising out of SLP (Crl.) No. 9482/2021:

•           The appellant, Manager Singh, was involved in a case where he was accused of assault and other offences.

•           The court partly allowed the appeal, quashing the summoning order and non-bailable warrants against Manager Singh.

•           It directed Manager Singh to be released on bail and remanded the case back to the magistrate for further examination.

legal discussions and observations regarding the issuance of non-bailable warrants, the discretion to grant exemption from personal appearance, and the need for caution in initiating criminal proceedings.

 Overall, the judgments reflect the court's emphasis on adherence to legal procedures, proper examination of evidence, and the importance of protecting individuals' rights in the criminal justice system.

1.            Requirements for Chargesheets: The judgment highlights the importance of chargesheets containing sufficient details of the facts constituting the offense and the relevant evidence. It criticizes the practice in some jurisdictions where chargesheets merely reproduce the details mentioned in the First Information Report (FIR) without elaborating on the evidence and material relied upon. The judgment cites the legal position outlined in the case of Dablu Kujur v. State of Jharkhand, which directs that chargesheets must comply with specific requirements laid down in Section 173(2) of the Code.

2.            Powers of the Magistrate: Upon receiving a police report, the Magistrate has various options available to them. They can take cognizance of the offense and issue process, direct further investigation if deemed necessary, or disagree with the report and discharge the accused. The judgment references previous legal decisions and relevant sections of the Code of Criminal Procedure to support this interpretation.

Overall, the judgment emphasizes the importance of adherence to procedural requirements in filing chargesheets to ensure fair and effective criminal justice. It underscores the role of the Magistrate in carefully considering the police report and exercising their powers judiciously.

3.            Cognisance by the Court: The term "cognisance" refers to the point at which the court becomes aware of an offense and decides to take judicial notice of it. It is a condition precedent to the initiation of proceedings, where the magistrate evaluates whether there are sufficient grounds to proceed, though not the same as considering evidence for conviction.

4.            Summoning of Accused: Section 204 of the Code mandates the magistrate to form an opinion on whether there are sufficient grounds for issuing summons against the accused. This discretion should be exercised cautiously, considering prima facie improbabilities in the case.

5.            Role of Chargesheet: The chargesheet, submitted under Section 173(2) of the Code, plays a crucial role in the process of taking cognisance, issuing summons, and framing charges. It provides the court with essential information and evidence collected during the investigation.

6.            Investigation Process: The investigation process involves various stages, including ascertainment of facts, collection of evidence, and forming an opinion on whether an offense is made out. The final report or chargesheet is based on this investigation.

7.            Contents of Chargesheet: The chargesheet should comply with statutory requirements and include details such as the nature of the offense, names of parties, witnesses, and evidence collected. It should be clear and comprehensive to facilitate the court's understanding.

8.            Legal Requirements for Offenses: The chargesheet should establish the essential elements of the offense alleged, such as entrustment for breach of trust (Section 406 IPC) or dishonest inducement for cheating (Section 415 IPC).

9.            Criminal Intimidation: The court clarified that for an offense of criminal intimidation to be established, the accused must have intended to cause alarm to the victim. This intention needs to be proven through evidence, and the threat communicated by the accused should be with the intent to cause alarm to the person threatened or to compel them to do something they are not legally bound to do. Mere expression of words without intent to cause alarm is not sufficient to constitute the offense.

10.          Proper Examination of Facts: The court emphasized the need for magistrates to carefully examine whether the facts of a case disclose a civil or criminal wrong. Initiating criminal proceedings, especially through summoning orders or FIRs, should be done cautiously to avoid vexatious litigation.

11.          Quashing of Chargesheet and Summoning Orders: In one appeal, the court quashed the chargesheet and summoning orders against the appellants due to lack of evidence or particulars in the chargesheet.

12.          Bail and Non-bailable Warrants: The court directed the release on bail of certain appellants and quashed non-bailable warrants issued against them. It emphasized that non-bailable warrants should not be issued routinely and must be justified by the seriousness of the offense and the likelihood of the accused evading the law.

13.          Exemption from Personal Appearance: The court clarified that there is provision for granting exemption from personal appearance even before obtaining bail, and this power should be exercised liberally based on the facts and circumstances of each case.

14.          Conclusion: The court allowed some appeals, quashed criminal proceedings or summoning orders, granted bail, and provided directions for further legal proceedings based on the specific circumstances of each case.