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Month: August 2026

Sharif Ahmed and Anr Vs State of UP and Anr on 01 May 2024

Posted on August 23 by ShadesOfKnife

A division bench of the Apex Court held that ‘he role played by the accused in the crime should be separately and clearly mentioned in the chargesheet, for each of the accused persons‘.

From Paras 26 to 31, [Importance of 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]

26. The object and purpose of the police investigation is manyfold. It includes the need to ensure transparent and free investigation to ascertain the facts, examine whether or not an offence is committed, identify the offender if an offence is committed, and to lay before the court the evidence which has been collected, the truth and correctness of which is thereupon decided by the court.
27. In H.N. Rishbud and Inder Singh v. State of Delhi21, this Court notes that the process of investigation generally consists of: 1) proceeding to the concerned spot, 2) ascertainment of facts and circumstances, 3) discovery and arrest, 4) collection of evidence which includes examination of various persons, search of places and seizure of things, and 5) formation of an opinion on whether an offence is made out, and filing the chargesheet accordingly. The formation of opinion is therefore the culmination of several stages that an investigation goes through. This Court in its decision in Abhinandan Jha and Others v. Dinesh Mishra22 states that the submission of the chargesheet or the final report is dependent on the nature of opinion formed, which is the final step in the investigation.
28. The final report has to be prepared with these aspects in mind and should show with sufficient particularity and clarity, the contravention of the law which is alleged. When the report complies with the said requirements, the court concerned should apply its mind whether or not to take cognisance and also proceed by issuing summons to the accused. While doing so, the court will take into account the statement of witnesses recorded under Section 161 of the Code and the documents placed on record by the investigating officer.
29. In case of any doubts or ambiguity arising in ascertaining the facts and evidence, the Magistrate can, before taking cognisance, call upon the investigating officer to clarify and give better particulars, order further investigation, or even record statements in terms of Section 202 of the Code.
30. Our attention has been drawn to the format prescribed for the State of Uttar Pradesh, which by column 16 requires the investigating officer to state brief facts of the case. In addition, the State of Uttar Pradesh has issued a circular dated 19.09.2023, which refers to an earlier circular bearing No. 59 of 2016 dated 20.10.2016, and states that the investigation provisions contained in the Code and the police regulations with reference to Section 173 of the Code are not being consistently complied with and followed by the investigating officers and the supervising officers. The need to provide lead details of the offence in the chargesheet is mandatory as it is in accord with paragraph 122 of the police regulations. Similar directions were issued on 09.09.2022 following the direction of the High Court of Judicature at Allahabad that brief narration of the material collected during investigation, which forms the opinion of the investigating officer, should be mentioned in the chargesheet.
31. Therefore, 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. Statements under Section 161 of the Code and related documents have to be enclosed with the list of witnesses. The role played by the accused in the crime should be separately and clearly mentioned in the chargesheet, for each of the accused persons.

From Para 46, Wow, Totally ignored Satender Kumar Antil

46. We, however, would allow the present appeal to the extent that the non-bailable warrants issued against Manager Singh are unsustainable and should be quashed. It is a settled position of law that non-bailable warrants cannot be issued in a routine manner and that the liberty of an individual cannot be curtailed unless necessitated by the larger interest of public and the State. While there are no comprehensive set of guidelines for the issuance of non-bailable warrants, this Court has observed on several occasions that non-bailable warrants should not be issued, unless the accused is charged with a heinous crime, and is likely to evade the process of law or tamper/destroy evidence.

From Para 47,

47. Further, the observation that there is no provision for granting exemption from personal appearance prior to obtaining bail, is not correct, as the power to grant exemption from personal appearance under the Code31 should not be read in a restrictive manner as applicable only after the accused has been granted bail. This Court in Maneka Sanjay Gandhi and Another v. Rani Jethmalani32 held that the power to grant exemption from personal appearance should be exercised liberally, when facts and circumstances require such exemption.33 Section 205 states that the Magistrate, exercising his discretion, may dispense with the personal attendance of the accused while issuing summons, and allow them to appear through their pleader. While provisions of the Code are considered to be exhaustive, cases arise where the Code is silent and the court has to make such order as the ends of justice require. In such cases, the criminal court must act on the principle, that every procedure which is just and fair, is understood as permissible, till it is shown to be expressly or impliedly prohibited by law.34

 

Sharif Ahmed and Anr Vs State of UP and Anr on 01 May 2024

Citations: [2024 INSC 363]

Other Sources:

https://indiankanoon.org/doc/13608821/

https://www.livelaw.in/supreme-court/chargesheet-must-contain-clear-complete-entries-specify-role-of-each-accused-witness-statements-be-enclosed-with-it-supreme-court-256699

https://www.indianemployees.com/judgments/details/sharif-ahmed-and-another-versus-state-of-uttar-pradesh-and-another

https://www.verdictum.in/court-updates/supreme-court/sharif-ahmed-v-state-of-uttar-pradesh-2024-insc-363-chargesheet-aspects-explained-1533473

Sharif Ahmad & Another v. State of Uttar Pradesh Home DepartmentSecretary (2024)

https://verdictchronicles.plreview.net/index.php?p=show_detail&id=39&keywords=

https://testbook.com/landmark-judgements/sharif-ahmad-vs-the-state-of-uttar-pradesh-home-department-secretary


Index of Antics of Police Personnel in India here. NBW Judgements is here. Exemption from Personal Appearance Judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 173 - Report of Police Officer on Completion of Investigation Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Sharif Ahmed and Anr Vs State of UP and Anr | Leave a comment

Antics of Advocates in India

Posted on August 14 by ShadesOfKnife
Posted in Assorted Court Judgments or Orders or Notifications | Tagged Advocate Antics | Leave a comment

Antics of Police Personnel in India

Posted on August 14 by ShadesOfKnife

A ‘small’ list of cases where police personnel has crossed their limits and performed acts outside their duty.

From 2011 – 2020:

  1. Raghuvansh Dewanchand Bhasin Vs State of Maharashtra and Anr on 9 September 2011 [SC: Police issued NBW against advocate]
  2. d

 

From 2021 – 2025:

  1. Sharif Ahmed and Anr Vs State of UP and Anr on 01 May 2024 [SC: Format of Charge sheet]
Posted in Assorted Court Judgments or Orders or Notifications | Tagged Police Antics | Leave a comment

Application for Closure of Prosecution Evidence – Format, Procedure & Sample Draft

Posted on August 6 by Suprajaa Rajan

A practical legal remedy to request the criminal court to close the prosecution evidence when the prosecution has failed to produce its witnesses or evidence despite sufficient opportunities.

In criminal trials, the prosecution must lead evidence to establish the charges against the accused. However, prosecution evidence cannot remain open indefinitely. When the prosecution repeatedly fails to produce witnesses, ignores court directions, or seeks unnecessary adjournments, the accused can file an Application for Closure of Prosecution Evidence.

This application requests the court to close the prosecution evidence and proceed to the next stage of the trial, thereby protecting the accused from prolonged and unnecessary litigation. Consequently, it becomes an important procedural remedy in criminal trials where delays are attributable to the prosecution.

This article explains the legal framework, grounds for seeking closure of prosecution evidence, drafting strategy, and provides a ready-to-use sample format with copy-to-clipboard functionality.

I. Legal Framework

The court’s power to regulate the recording of evidence and prevent unnecessary delays arises from the following provisions:

Under the Code of Criminal Procedure, 1973

  • Section 309 CrPC – Power to postpone or adjourn proceedings.

  • Section 231 CrPC – Evidence for prosecution in Sessions trials.

  • Section 242 CrPC – Evidence for prosecution before a Magistrate in warrant cases instituted on a police report.

Corresponding Provisions under BNSS, 2023

  • Section 346 BNSS – Power to postpone or adjourn proceedings.

  • Section 254 BNSS – Evidence for prosecution in Sessions trials.

  • Section 265 BNSS – Evidence for prosecution before a Magistrate in warrant cases instituted on a police report.

Therefore, the court possesses ample authority to close prosecution evidence when sufficient opportunities have already been granted and further delay would defeat the ends of justice.

II. What is an Application for Closure of Prosecution Evidence?

An Application for Closure of Prosecution Evidence is a formal request made by the accused before the trial court seeking closure of the prosecution evidence on the ground that the prosecution has failed to produce its witnesses or evidence despite repeated opportunities.

The application does not decide the merits of the case. Instead, it requests the court to exercise procedural control over the trial and prevent abuse of adjournments.

III. When Can This Application Be Filed?

You may file this application when:

  • The prosecution has received multiple opportunities to produce witnesses.

  • Summons have been issued repeatedly but witnesses remain absent.

  • The prosecution seeks repeated adjournments without sufficient cause.

  • Material witnesses have not been examined despite adequate time.

  • The delay is causing prejudice to the accused.

  • The trial has remained pending for an unreasonable period.

Accordingly, the application is most effective during the prosecution evidence stage after the court has already granted sufficient opportunities.

IV. Why is This Application Important?

Filing this application helps to:

  • Protect the accused’s right to a speedy trial.

  • Prevent unnecessary adjournments.

  • Avoid prolonged criminal proceedings.

  • Compel procedural discipline.

  • Enable the court to proceed to statement of the accused and defence evidence.

  • Reduce litigation costs and hardship.

Thus, it serves both judicial efficiency and fairness.

V. Factors Considered by the Court

While deciding the application, the court generally examines:

  • Number of opportunities already granted.

  • Conduct of the prosecution.

  • Reasons for witness absence.

  • Importance of remaining witnesses.

  • Stage of the trial.

  • Prejudice caused to the accused.

  • Overall interests of justice.

The court exercises judicial discretion and may close prosecution evidence if further opportunities are not justified.

VI. Essential Elements of the Application

Before drafting, ensure the application includes:

  • Name of the court.

  • Case number and title.

  • Stage of the proceedings.

  • Number of opportunities granted to the prosecution.

  • Failure of prosecution to produce witnesses.

  • Reference to Section 309 CrPC (Section 346 BNSS).

  • Prayer seeking closure of prosecution evidence.

A concise and factual application is generally more effective than an argumentative one.

VII. Drafting Strategy

While preparing the application:

  • Mention the chronology of adjournments.

  • State that sufficient opportunities have already been granted.

  • Highlight prejudice caused by continued delay.

  • Avoid unnecessary allegations against the prosecution.

  • Request the court to proceed to the next stage of trial.

A well-structured application demonstrates procedural fairness rather than technical obstruction.

Sample Draft – Application for Closure of Prosecution Evidence

IN THE COURT OF THE HON’BLE [COURT NAME]
AT [PLACE]

Case No. ________

State / Complainant
…Prosecution

Versus

[Name of Accused]
…Accused / Applicant


APPLICATION FOR CLOSURE OF PROSECUTION EVIDENCE

The Applicant most respectfully submits:

1. That the present case is pending before this Hon’ble Court and is presently fixed for prosecution evidence.

2. That this Hon’ble Court has already granted several opportunities to the prosecution for producing its witnesses and evidence.

3. That despite repeated opportunities and issuance of summons, the prosecution has failed to produce its witnesses.

4. That the repeated adjournments sought by the prosecution are causing undue delay in the trial and serious prejudice to the Applicant.

5. That sufficient opportunities have already been granted and no useful purpose will be served by granting further adjournments.

6. It is therefore in the interest of justice that the prosecution evidence may kindly be closed and the matter be proceeded with in accordance with law.

PRAYER

It is therefore most respectfully prayed that this Hon’ble Court may be pleased to close the prosecution evidence and proceed to the next stage of the trial, and pass such other order as deemed fit in the interest of justice.

 

Place: _______
Date: _______

 

Counsel for the Applicant

✔ Draft Copied Successfully!

IX. Common Mistakes to Avoid

Avoid:

  • Filing the application after only one or two adjournments.

  • Making unsupported allegations against the prosecution.

  • Ignoring the importance of remaining witnesses.

  • Seeking closure when summons have not yet been properly served.

  • Filing without verifying the order sheet.

Instead, rely on the record of proceedings and the number of opportunities already granted.

Conclusion

An Application for Closure of Prosecution Evidence is an effective procedural remedy to prevent unnecessary delay and ensure that criminal trials progress efficiently. When the prosecution has failed to produce evidence despite adequate opportunities, the court may exercise its discretion to close prosecution evidence and proceed with the trial, thereby protecting the accused’s right to a speedy and fair trial.


Index of  Legal Templates and Drafting is here.


Disclaimer

These templates are provided for educational and informational purposes. Every case depends on specific facts and procedural posture. Professional  legal advice should be obtained before filing any application.


Posted in Legal Procedure | Tagged BNSS Sec 254 - Evidence for prosecution CrPC 231 - Evidence for prosecution CrPC 309 - Power to Postpone or Adjourn Proceedings Legal Strategies and Defence | Leave a comment

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  • Sharif Ahmed and Anr Vs State of UP and Anr on 01 May 2024 August 23, 2026
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