Criminal lawyer: the accused can be summoned even if he has not been charge sheeted, inspite of his name being mentioned in FIR, under Sec 319 CrPC; SC.
- 13:47Supreme Court of India
Justice M R Shah
The Supreme Court of India in the case titled as "Rajesh and others Versus State of Haryana", has held that Section 319 CrPC can be invoked by the trial court, even if the accused was not charge sheeted by the police, though his name appeared in the FIR initially.
It was held that test is, it should be invoked only on the basis of evidence, which has come during the trial of the case, not otherwise.