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whether court can summon suspect even though he is not charg


Whether court can summon suspect even though he is not chargesheeted by police?

 
 It is well accepted in criminal jurisprudence that F.I.R. may not
contain all the details of the occurrence or even the names of all the
accused. It is not expected to be an encyclopedia even of facts already
known. There are varities of crimes and by their very nature, details of
some crimes can be unfolded only by a detailed and expert investigation.
This is more true in crimes involving conspiracy, economic offences or
cases not founded on eye witness accounts. The fact that Police chose
not to send up a suspect to face trial does not affect power of the trial
court under Section 319 of the Cr.P.C. to summon such a person on
account of evidence recorded during trial. This is the factual scenario in
the case at hand also.

REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 186 OF 2016
[Arising out of S.L.P.(Crl.)No.3438 of 2014]
Hardei …..Appellant
Versus
State of U.P. …..Respondent
Dated;March 30, 2016.

http://www.lawweb.in/2016/04/whether-court-can-summon-suspect-even.html

 
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