Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure MNREGA scheme Section 319 1973 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (42 of 2005) Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | _ Code of Criminal Procedure,1973: s.319 — Power-to proceed against other persons appearing to be guilty of offence. - Summoning order — Criminal proceedings against two persons alleged to have embezzled huge amount from official account of MNREGA scheme ~ After examination of some witnesses, an application u/s.319 filed by prosecution — It was urged in the application that involvement of Block Development Officer and appellant, the then Block Pramukh of Panchayat had emerged — Magistrate held that prima facie offence was made out against both the proposed accused and allowed s.319 application — High Court affirmed the order of Magistrate - On appeal, held: It is well accepted that in criminal jurisprudence FR. 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 — The fact that Police chose not to send up a suspect to face trial does not affect power of the trial court u/s.319 to summon such a person on account of evidence recorded during trial — This is the factual scenario in the case at hand also — It would not be proper to deal with detailed merits of the prosecution case or the defence case at this juncture — Hence while dismissing the appeal, it is made clear that the observations made in the impugned orders or this order shall not have any adverse effect on the case of either of the parties. |
Judge | Hon'ble Mr. Justice Shiva Kirti Singh |
Neutral Citation | 2016 INSC 290 |
Petitioner | Hardei |
Respondent | State Of U.p. |
SCR | [2016] 2 S.C.R. 881 |
Judgement Date | 2016-03-30 |
Case Number | 186 |
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