Supreme Court Clarifies Role Of Magistrate In Summoning Accused Not Named In Police Final Report

Supreme Court Clarifies Magistrate’s Power to Summon Accused in Charge-Sheet Cases

 

In a recent ruling on March 17, 2025, the Supreme Court of India clarified that while a Magistrate can summon individuals not named in a police charge-sheet, it cannot direct the police to include them in the charge-sheet. The Court emphasized that such directions blur the line between investigation and adjudication.

 

The verdict was delivered by Justices Ahsanuddin Amanullah and Prashant Kumar Mishra in Gopal Pradhan vs. State of Chhattisgarh (SLP (Cri.) No. 3649/2025). The case arose from a 2018 order by the Judicial Magistrate, First Class, Pithora, which directed the inclusion of Gopal Pradhan, a Patwari, and former Land Acquisition Officer K.D. Vaishnav as accused in a charge-sheet, despite the police finding no grounds to proceed against them.

 

Pradhan challenged this in the Supreme Court, arguing that the Magistrate had overstepped its authority by instructing the police to add his name. The Supreme Court agreed that while courts can take cognizance of offenses against individuals not named in the charge-sheet, they must do so by issuing summons—not by modifying the charge-sheet itself.

 

However, since the Magistrate had ultimately issued summons, the Supreme Court declined to interfere, stating that the procedural lapse did not affect the case's legal outcome. The petition was dismissed, but the Court firmly clarified that while judicial oversight is essential, courts must respect investigative discretion and ensure due process.


AdvoTalks : Justice Gets Easy - YouTube