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Trial Court empowered to summon a suspect for trial even if not chargesheeted

Supreme Court in Hardei vs. State of UP, has held that choice of police not to send up a suspect to face trial does not affect power of the trial court under Section 319 of the CrPC to summon such a person on account of evidence recorded during trial. Apex Court Bench comprising of Justices Dipak Misra and Shiva Kirti Singh dismissed an appeal against High Court order refusing to set aside the order of Chief Judicial Magistrate summoning a ‘suspect’, in exercise of power under Section 319, Code of Criminal Procedure, to face trial in Sessions Trial. One of the contention on behalf of the summoned person was that he was not named as an accused in the FIR nor any charge-sheet was submitted against her after completion of investigation. Rejecting the aforesaid contention, the Bench observed that F.I.R. may not contain all the details of the occurrence or even the names of all the accused and it is not expected to be an encyclopaedia even of facts already known. The Court further held “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 truer 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 CrPC. to summon such a person on account of evidence recorded during trial. ”
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