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ARTICLE · 24 JUNE 2024

Chargesheet Should Prima Facie Show That Offence Is Established: Supreme Court Of India

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In the pursuit of justice, most of the recent appeals before the judiciary have highlighted significant concerns regarding the contents of chargesheets submitted by the state or police officers in various jurisdictions.

IndiaLitigation, Mediation & Arbitration

In the pursuit of justice, most of the recent appeals before the judiciary have highlighted significant concerns regarding the contents of chargesheets submitted by the state or police officers in various jurisdictions. The two-judge Supreme Court Bench compromising of Justice Sanjiv Khanna and Justice S.V.N. Bhatti in Sharif Ahmed and Another v/s State of Uttar Pradesh and Anr. held that "the chargesheet is completed when it encompasses sufficient material and evidence to take cognizance and subsequent trial".

In the present case, the issue revolved around the chargesheets being filed without stating sufficient details of the facts constituting the offense or putting the relevant evidence on record. In some instances, chargesheets merely replicate the details mentioned in the First Information Report (FIR) without further elaboration on the evidence relied upon by the investigating authorities. This practice has raised concerns regarding the fairness and

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