A) Constitution of India, Art.226 - Criminal P.C. (1973), S.154 - First Information Report - Registration of F.I.R. - Powers insofar as registering F.I.R. is concerned, cannot be stretched to such an extent so as to finally exonerate the persons in such cases - If a person has been named by complainant and about whose involvement several others have also spoken, then, it is the duty of investigating machinery to proceed against him by naming him as an accused - He must be brought to trial - Whether he is guilty or innocent is not for investigating machinery to decide - Their plain duty is to proceed in accordance with law and file a case naming all persons whose involvement is clear from the materials produced - Thereafter, it is for the court of law to render any decision with regard to their innocence or guilt - State directed to file additional charge-sheet in concerned criminal court.
SANDEEP RAMMILAN SHUKLA VS. STATE OF MAHARASHTRA & ORS.
2009-ALL MR (Cri)-2991 (Para 37 )
