Magistrate Cannot Direct Police To Include Accused In Charge Sheet; Instead Issue Summons To Person Proposed To Be Added : Supreme Court

The Supreme Court recently observed that if a court intends to add a person as an accused, it cannot direct the police to include their name in the charge sheet. Instead, the court may ssue a summons to the proposed accused if sufficient grounds exist, even if they are not named in the charge sheet.

The bench comprising Justice Ahsanuddin Amanullah and Justice Prashant Kumar Mishra heard the case where the Petitioner's name was included in the police's charge sheet on the direction of the Magistrate and was subsequently summoned as accused which was affirmed by the Chhattisgarh High Court.

The Petitioner argued before the Supreme Court that the High Court erred in affirming the Magistrate's direction to include the name of the petitioner in the charge sheet as there is no provision in the Cr.P.C. permitting the addition of the name of the person as an accused in the charge sheet.

The Court agreed with the petitioner that the Judicial Magistrate should not have directed the police to include his name in the charge sheet. Instead, the magistrate should have taken cognizance of the offense and issued a summons directly.

“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.”, the court observed.

However, since the outcome (issuance of summons) was legally valid, the Court found no reason to interfere with the High Court's order.

Accordingly, the Court dismissed the petition.

Case Title: Gopal Pradhan vs. State of Chhattisgarh & Ors.

Citation : 2025 LiveLaw (SC) 328

Click here to read/download the order

Mr. Abhinav Shrivastava, AOR Mr. Bajrang Agrawal, Adv. Ms. Unnati Vaibhav, Adv. appeared for Petitioner(s)