CrPC S. 319  – Application by prosecution to summon additional accused – Petitioners had also been nominated as the accused in the said FIR though, they were found innocent – This finding is not at all to be construed to be conclusive qua their innocence – Right to fair investigation and trial is not meant to be confined to the accused person only and rather, it equally extends to the victim also.

2021 PLRonline 5202

Criminal Procedure Code, 1973, S. 319  – Application by prosecution to summon additional accused – Partly allowed – In final report persons summoned found innocent – Cannot be construed as conclusive – Final report of the Investigating Agency, by way of Challan/ Charge-sheet, regarding the innocence of any person(s) in a case, cannot be taken to be the gospel truth and the Court is well within its power, as envisaged under Section 319 Cr.P.C, to separate the chaff from the grains to find out the truth regarding the culpability of any person who has not been arrayed as the accused or has not been sent up to face the trial in a criminal case –  Perusal of the Final Report/Challan/ Charge-sheet under Section 173 Cr.P.C, reveals that besides accused C  (who is already facing the trial in the case), the petitioners had also been nominated as the accused in the said fir –  Though, they were found to be innocent – This finding is not at all to be construed to be conclusive qua their innocence – Right to fair investigation and trial is not meant to be confined to the accused person only and rather, it equally extends to the victim also and the Courts, being the most effective limb of the system of the administration of criminal justice, are supposed to be all the more conscious as well as cautious not only to the extent that an innocent person is not punished but also to ensure simultaneously that no real/actual offender or perpetrator of the crime is let to go scot-free. [Para 9]