In Brief
Three persons whose statements were recorded during investigation were proposed by the prosecution to be cited as witnesses rather than accused in a corruption case involving 16 principal offenders. The High Court allowed their summoning as accused, citing non-compliance with Section 306 CrPC. The Supreme Court held that the High Court failed to balance the broader interest of justice. The prosecutor's discretion to cite accomplices as witnesses is legitimate and cannot be overridden merely because incriminating material exists, without weighing whether taking cognizance would jeopardise the case against more serious accused. The matter was remanded for fresh consideration by the High Court with proper balancing of all relevant factors.
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