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Supreme Court of India 2016-03-30 dismissed

Hardei vs State of U.P

Bench: 2 — Shiva Kirti Singh

In Brief

Hardei, a Block Pramukh (village administrator), was summoned as an accused under Section 319 CrPC during trial for alleged embezzlement from a MNREGA Scheme account, despite not being named in the original FIR or charge-sheet. She challenged this order. The Supreme Court dismissed her appeal, holding that a trial court's power to summon additional accused based on evidence recorded during trial is not affected by the police's initial decision to exclude them. An FIR need not name all accused, particularly in economic offences requiring investigation. The appellant could raise all available defences during trial.

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Criminal Procedure Embezzlement Cheating Economic Offences Section 319 CrPC Trial Practice

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