S. Mohammed Ispahani vs Yogendra Chandak - Supreme Court Important Judgment
S. Mohammed Ispahani vs Yogendra Chandak - Supreme Court Important Judgment 2017 -
On 4th October, 2017, in the case of S. Mohammed Ispahani v. Yogendra Chandak & Ors. [Criminal Appeal No. 1720 of 2017], the power of the Court under Section 319 of the Cr.P.C. to summon even those persons who are not named in the charge sheet to appear and face trial was examined.
It was held that “when a person is named in the FIR by the complainant, but Police, after investigation, finds no role of that particular person and files the charge sheet without implicating him, the Court is not powerless, and at the stage of summoning, if the trial court finds that a particular person should be summoned as accused, even though not named in the charge sheet, it can do so. At that stage, chance is given to the complainant also to file a protest petition urging upon the trial court to summon other persons as well who were named in the FIR but not implicated in the charge sheet. Once that stage has gone, the Court is still not powerless by virtue of Section 319 of the Cr.P.C. However, this section gets triggered when during the trial some evidence surfaces against the proposed accused.”