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 ofmind 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)
IN THE SUPREME COURT OF INDIA
Petition(s) for Special Leave to Appeal (Crl.) No(s).3649/2025;
GOPAL PRADHAN Vs STATE OF CHHATTISGARH & ORS.
AHSANUDDIN AMANULLAH; J., PRASHANT KUMAR MISHRA; J.
