The top court also directed the Director General of Police, UP, to file an affidavit on the steps taken to comply with the directions of the court vide which it had held it mandatory for the investigating officer of a case to ensure that the chargesheet contains clear and complete entries.
The development took place during the hearing of a plea seeking the quashing of an FIR registered against the petitioner accused of criminal breach of trust, criminal intimidation, and criminal conspiracy. The original offence alleged against the petitioner is that he failed to return a certain sum of money to the complainants. Hence, he was booked under relevant section of Negotiable Instruments (NI) Act besides other charges (mentioned above).
Speaking for the bench, the CJI verbally observed “This is wrong. What is happening in UP? Everyday civil suits are being converted to criminal cases. That’s not correct. That is the breakdown of rule of law completely.”
The CJI further said the summoning order itself was legally incorrect as no offence can be made for returning a due sum of money. The bench initially indicated it may initiate contempt proceedings against the investigating officer for not complying with the court’s directions.
Vide the said judgment (titled Sharif Ahmad), the top court had held that the investigating officer must make clear and complete entries of all columns in the chargesheet so that the court can clearly understand which crime has been committed by which accused and what is the material evidence available on the file.Considering the observations in Sharif Ahmed case, the CJI further observed that IO is required to justify how a criminal case could be made out in the present facts.”We have made it clear that he has to detail it in the case diary, he has not submitted it. If the case diary is submitted, the IO will have to enter the witness box and say this is the case. ….it’s absurd, merely not giving money cannot be turned into an offence….I will ask the IO to come to the witness box ….let the IO stand in the witness box and make out the case of crime …..we will direct it, let him learn his lesson, this is not the way you file chargesheets,” the CJI added.
