Accused not named in chargesheet can be summoned: SC

The Supreme Court has ruled that even people not named in the original chargesheet filed by police can be summoned by courts for the purpose of facilitating further investigations into a crime or during the trial. "The prime consideration for further investigation is to arrive at the truth and do real and substantial justice. The hands of the investigating agency for further probe should not be tied down on the ground of mere delay," a bench of Justices S B Sinha and P Sathasivam observed. Interpreting Section 173 CrPC (dealing with chargesheet/police report) the apex court said under sub-section (2) and sub-section (8) it is evident that even after completion of investigation, the police has a right to conduct "further" investigation under sub-section (8) but not "fresh investigation" or "reinvestigation". "Further investigation, therefore, is the continuation of the earlier investigation and not a fresh investigation or reinvestigation to be started after wiping out the earlier investigation altogether," the bench observed. The apex court passed the ruling while dismissing the appeal of Rama Chaudhary and certain other accused persons in a murder case who challenged a Sessions Court's decision to summon eight more accused in a murder case even though their names were not in the original chargesheet. It was the case of the accused that though the original charges were framed against them in March 2004, the prosecution sought permission of the court again in September 2007, to summon eight more accused when the trial was nearing completion. The accused argued that such a course was illegal and would only prolong the trial and their agony. The sessions court and the Patna High Court both dismissed the accused's argument upon which they moved the apex court. Concurring with the two lower courts, the apex court said, "The mere fact that there may be further delay in concluding the trial should not stand in the way of further investigation if that would help the court in arriving at the truth and do real and substantial as well as effective justice." Quoting Section 231 of the CrPC the apex court said the prosecution is entitled to produce any person as witness even though such person is not named in the earlier chargesheet. Hence it dismissed the accused's plea.

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