VidhiSangh

Supreme Court of India · 02/01/2025

OMI @ OMKAR RATHORE & ANR. versus THE STATE OF MADHYA PRADESH & ANR.

[2025] 1 S.C.R. 266 · 2025 INSC 27

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Summary

The Supreme Court declined to interfere with the summoning of two persons named in the FIR to stand trial for murder under Section 319 CrPC on the strength of the first informant's examination-in-chief, even though the police had filed a closure report in their favour. The power under Section 319 does not depend on whether a person was named in the FIR or charge-sheeted, and the investigating officer's satisfaction cannot override evidence led at trial.

Issues

  1. Whether the trial court, before summoning persons as additional accused under Section 319 CrPC, was bound to consider the police closure report exonerating them.
  2. Whether persons named in the FIR but not charge-sheeted can be summoned under Section 319 CrPC on the basis of evidence led at trial, including evidence not yet tested in cross-examination.

Provisions considered

Held

Result

Special leave petition dismissed; the petitioners remain free to raise all available contentions before the trial court, including reliance on the closure report for whatever it is worth.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 266.