Supreme Court: Persons can be tried despite not being named in FIR

January 11, 2014

The Supreme Court held that 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 stated that Section 319 of the Criminal Procedure Code (CPC) empowers the trial court to summon a person as an accused despite his name not being mentioned by the investigators in the First Information Report (FIR) and charge sheet. This new ruling will be helpful to solve the cases, especially the 2G scam and other high profile cases.
The judgment 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 them not being named by Central Bureau of Investigation (CBI) in the FIR and charge sheet. Yet, many businessmen have voiced their displeasure and approached the Supreme Court against the trial court’s summoning order. The apex court is yet to pronounce its verdict in the case.

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