SUPREME COURT OF INDIA HELD THAT A COURT MAY ALLOW SUMMONS OF A PERSON NOT IMPLICATED IN A CHARGESHEET, TO FACE TRIAL

Recently, the Supreme Court of India, in a case of Rajesh and others vs. State of Haryana 2019, has held that in case a person is named as an accused or co-accused in a first information report (FIR) by a complainant, but the police, upon investigation, file a chargesheet without implicating them on the ground that they did not find such person(s) involved in the particular case, then in such cases the court may still have the power to proceed against such person(s). The law governing criminal procedure in India empowers a court to proceed against persons who have not been accused of committing any offence.

In this case the Trial Court and the High Court of Punjab and Haryana at Chandigarh that allowed the prosecution to file an application for summoning additional accused persons to face the trial.

Thus, the Supreme Court upheld the said Judgments on the ground that if the court finds that a particular person should be summoned as accused, the court may do so by giving a chance to the complainant to file a protest petition urging the court to summon other persons as well, who were named in the FIR but not implicated in the charge sheet.

Hemant Kumar Sunny

Student, 4th year

NLU Visakhapatnam

Intern

The Indian Lawyer

With

Harini Daliparthy

Senior Legal Associate

The Indian Lawyer

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