Supreme Court · 2017 INSC 999 · Decided 4 October 2017
S. Mohammed Ispahani v. Yogendra Chandak & Others
- Court
- Supreme Court of India
- Citation
- 2017 INSC 999 · [2017] 10 S.C.R. 29
- Case number
- CRIMINAL APPEAL No. 1720/2017
- Decided
- 4 October 2017
- Bench
- A.K. SIKRI, ASHOK BHUSHAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 379, 427, 341; CrPC Section 319, 161
Headnote
Code of Criminal Procedure, 1973: s.319 - Power of court to summon those persons not named A B in the charge sheet to appear and face trial - When a person is C named in the FIR by the complainant, but Police, after investigation, finds no role of that particular person and files the charge sheet 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 D sheet, it can do so - At that stage, chance is given to the complainant also to file ll protest petition urging
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