Criminal Law : Summons to a Person who is not named in Chargesheet
It has been held in Gurdeep Singh v. State of Punjab [2025] GCtR 1411 (SC) while interpreting the scope and ambit of S.319 of Code of Criminal Procedure, 1973 to hold that even a person not named in the FIR or chargesheet can be summoned to face trial if evidence recorded during the course of trial indicates his involvement in the offence.
In this case, a former Assistant Superintendent of Jail was convicted and it was also held that when public functionaries betray the institutional trust, the consequences are profound and far-reaching.
S.319 deals with power to proceed against other persons appearing to be guilty of offence. Power under S.319 (1) is exercised during inquiry or trial and gives power to proceed.
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