Supreme Court in Hardei vs. State of UP, has held that choice of police not to send up a suspect to face trial does not affect power of the trial court under Section 319 of the CrPC to summon such a person on account of evidence recorded during trial.
Article referred: http://www.livelaw.in/trial-court-empowered-summon-suspect-trial-even-not-chargesheeted-policesc-read-jt/
Article referred: http://www.livelaw.in/trial-court-empowered-summon-suspect-trial-even-not-chargesheeted-policesc-read-jt/
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