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Court cannot mechanically summon person not named in charge-sheet just because a witness named them

In LABHUJI AMRATJI THAKOR & ORS. vs THE STATE OF GUJARAT & ANR., the Supreme Court held that merely because a court has power under Section 319 of the Code of Criminal Procedure to proceed against any person who is not named in the F.I.R. or in the Charge Sheet, it does not mean that whenever in a statement recorded before the Court, name of any person is taken, the Court has to mechanically issue process under Section 319 Cr.P.C.

The Supreme Court said that the Court has to consider substance of the evidence, which has come before it and as laid down by the Constitution Bench in Hardeep Singh Vs. State of Punjab & Others, has to apply the test, i.e., “more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, if goes unrebutted, would lead to conviction.”

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