Hardei Vs State of U.P.
The Code of Criminal Procedure, 1973 - Section 319 , Indian Penal Code,1860 - Section 409
Criminal Procedure - Summoning as Additional Accused - F.I.R. may not contain all the details of the occurrence or even the names of all the accused - It is not expected to be an encyclopedia even of facts already known - There are varities of crimes and by their very nature, details of some crimes can be unfolded only by a detailed and expert investigation - This is more true 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 Cr.P.C. to summon such a person on account of evidence recorded during trial - This is the factual scenario in the case at hand also - No good reason to interfere in the order passed by CJM in summoning the appellant - Appellant shall be at liberty to take all the defence available to her, in accordance with law, in course of the trial.
Topic(s)-Criminal Procedure - Summoning as Additional Accused