The Supreme Court has held that a magistrate can direct initiation of criminal proceedings against anyone even if that person's name is not mentioned in the charge sheet.
In a judgement, which could have bearing on the appeal filed by CMD of Bharti Cellular Ltd and Essar Group promoter Ravi Ruia challenging trial court's order of making them accused despite they were not named in the charge sheet by CBI in the additional spectrum allocation scam, a bench headed by Justice K S Radhakrishana said the magistrate can make a person accused even if he or she is not named in the charge sheet.
The apex court passed the order on a plea filed by Dhrup Singh and others challenging trial court's order for his summoning on the ground that he was spared by the investigating agency as his name was not their in the charge sheet.
"We notice that in this case the petitioners have been named in the FIR and learned magistrate after perusing the FIR, case diary and the death report came to a prima facie conclusion of the involvement of all the persons named in the FIR in the occurrence. Magistrate expressed the view that there are enough materials to initiate prosecution against them apart from the charge sheeted accused persons.
"The high court has also concurred with that view. In such a situation, we find no good reasons to take a different view from that of the magistrate as well as that of the high court. Hence, this special leave petition lacks merit and the same is dismissed," the bench said.