Supreme Court: Magistrate cannot direct Police to include accused in charge sheet, instead issue summons to person proposed to be added.

 Having considered the matter, we find some technical merit in the contention of the learned counsel for the petitioner. The Court has the power to differ from the Final Form submitted by the Police and take cognizance of a crime and also against persons who may not have been sent up for trial by the Police after investigation. In such circumstances, the Court is then required to issue summons instead of directing for inclusion of the name of the person in the charge-sheet. Thus, ultimately, the result is the same, that is, the person concerned is arrayed as an accused upon taking cognizance after application of mind by the Court and accordingly, summons are issued. Thus, the order which in essence is of summons as an accused, cannot be faulted. {Para 3}

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s).3649/2025

GOPAL PRADHAN  Vs STATE OF CHHATTISGARH & ORS. 

Date : 17-03-2025 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA

UPON hearing the counsel the Court made the following

O R D E R

The petitioner is aggrieved by the impugned order passed by

the High Court upholding the direction passed by the learned

Judicial Magistrate, First Class, Pithora, District-Mahasamund in

the State of Chhattisgarh on 13.04.2018 in Criminal Case No.454 of

17, relevant portion of which reads as under:-

“ Therefore, the then competent officer/land acquisition

officer K.D. Vaishnav and patwari Gopal Pradhan are

summoned as accused. Their names should be included in the

charge sheet.”

2. Learned counsel for the petitioner submitted that there is no

provision in law where the Court can direct the Police to file

charge-sheet against a particular person. It was submitted that

after due investigation, the Police had submitted the Final Form

not sending up the petitioner for trial but still the Court has not

only directed for inclusion of the names in the charge-sheet but

also issued summons.

3. Having considered the matter, we find some technical merit in

the contention of the learned counsel for the petitioner. The Court

has the power to differ from the Final Form submitted by the Police and take cognizance of a crime and also against persons who may not have been sent up for trial by the Police after investigation. In such circumstances, the Court is then required to issue summons instead of directing for inclusion of the name of the person in the charge-sheet. Thus, ultimately, the result is the same, that is, the person concerned is arrayed as an accused upon taking cognizance after application of mind by the Court and accordingly, summons are issued. Thus, the order which in essence is of summons as an accused, cannot be faulted.

4. For reasons aforesaid, the Special Leave Petition stands

dismissed with the clarification above.

5. Pending application(s), if any, shall stand disposed of.

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