VidhiSangh

Supreme Court of India · 09/12/2021

M/S SUVARNA COOPERATIVE BANK LTD. versus STATE OF KARNATAKA AND ANR.

[2021] 9 S.C.R. 389 · 2021 INSC 854

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Summary

The Court restored prosecution against a charge-sheeted accused after the High Court had quashed it because other alleged participants were not prosecuted. Omission of possible accomplices did not by itself invalidate proceedings supported by a prima facie case after investigation. If evidence during trial warranted proceeding against additional persons, Section 319 provided the relevant power. The restored case was to be tried on its own merits; the Court did not determine the accused’s guilt or direct that omitted persons automatically be summoned.

Issues

  1. Whether non-prosecution of other alleged participants justified quashing proceedings against a charge-sheeted accused.

Provisions considered

Held

Result

Complainant bank’s appeal allowed; High Court’s quashing order set aside and prosecution against original accused No. 1 restored for trial in accordance with law and on its merits.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 389.