 "Person can be tried despite not being named in FIR: SC")
The Supreme Court today held a person can be made an accused by the trial court in case evidence crops up during the proceedings even if he has not been named in the FIR or charge sheet.
A five-judge Constitution Bench headed by Chief Justice P Sathasivam said that the trial court has powers to summon a person as an accused despite his name being not mentioned by the investigators in the FIR and charge sheet.
The bench clarified that Section 319 of Criminal Procedure Code empowers the trial court to proceed against a person who appears to be guilty of offence but not named in the FIR or charge sheet.
The judgement could have implications in some cases arising out of the 2G scam in which the trial judge had summoned as accused some corporate honchos despite they being not named by CBI in the FIR and charge sheet.
The businessmen have approached the Supreme Court against the trial court's summoning order. The apex court is yet to pronounce its verdict in the case.
A five-judge Constitution Bench headed by Chief Justice P Sathasivam said that the trial court has powers to summon a person as an accused despite his name being not mentioned by the investigators in the FIR and charge sheet.
The bench clarified that Section 319 of Criminal Procedure Code empowers the trial court to proceed against a person who appears to be guilty of offence but not named in the FIR or charge sheet.
The judgement could have implications in some cases arising out of the 2G scam in which the trial judge had summoned as accused some corporate honchos despite they being not named by CBI in the FIR and charge sheet.
The businessmen have approached the Supreme Court against the trial court's summoning order. The apex court is yet to pronounce its verdict in the case.
You’ve reached your limit of {{free_limit}} free articles this month.
Subscribe now for unlimited access.
Already subscribed? Log in
Subscribe to read the full story →*Subscribe to Business Standard digital and get complimentary access to The New York Times
Smart Quarterly
₹900
3 Months
₹300/Month
SAVE 25%
Smart Essential
₹2,700
1 Year
₹225/Month
SAVE 46%
*Complimentary New York Times access for the 2nd year will be given after 12 months
Super Saver
₹3,900
2 Years
₹162/Month
Subscribe
Renews automatically, cancel anytime
Here’s what’s included in our digital subscription plans
Exclusive premium stories online
Over 30 premium stories daily, handpicked by our editors
Complimentary Access to The New York Times
News, Games, Cooking, Audio, Wirecutter & The Athletic
Business Standard Epaper
Digital replica of our daily newspaper — with options to read, save, and share
Curated Newsletters
Insights on markets, finance, politics, tech, and more delivered to your inbox
Market Analysis & Investment Insights
In-depth market analysis & insights with access to The Smart Investor
Archives
Repository of articles and publications dating back to 1997
Ad-free Reading
Uninterrupted reading experience with no advertisements
Seamless Access Across All Devices
Access Business Standard across devices — mobile, tablet, or PC, via web or app
SAVE 25%