Bench: Justice Dipak Misra and Shiva Kirti Singh,
Whether the Court has power to summon an accused not named in FIR ?
R.D. Sharma, the Project Director of a scheme under the Mahatma Gandhi National Rural Employment Guarantee Act filed a complaint against One Rahul Yadav, a Junior Clerk in the Amroha Office and one Omkar Singh alleging that they had embezzled an amount to the tune of Rs. 49 Lacs from official account for the MNREGA Scheme, thereby attracting offence Under Section 409 Indian Penal Code. As the criminal case progressed it was submitted by the Prosecution that Appellant was the cosignatory and only with their signatures money could be withdrawn from the MNREGA account.
It was submitted by the Appellant that she was not named as an accused in the FIR nor any charge-sheet was submitted against her after completion of investigation.
The Prosecution submitted that without the joint effort by the\ Appellant and the accused money could not be withdrawn from the MNREGA account.
In the said case it was well accepted that there are varieties 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. Hence the F.I.R may not contain all the details of the occurrence or even names of all the accused involved in crime and the court ha power to call accused not mentioned in F.I.R.