SC: Merely because other Accused have not been charged, proceedings against Suspect cannot be halted



Ambika Bhardwaj

Published On: December 30, 2021 at 17:31 IST

The Supreme Court has ruled that Criminal proceedings against a Suspect cannot be halted simply because some of the people who may have committed the Crime have not been charged.

During the Court hearing, a Bench of Justices MR Shah and BV Nagarathna stated that if it is discovered that other Accused persons are not charged, the Court may array them as Accused in exercise of authority under Section 319 Criminal Procedure Code (CrPC).

“Merely since some of the people who may have committed the Offences have not been charged cannot be a basis to nullify the proceedings against the Accused Charge-sheeted after having found Prima Facie Case against him after Inquiry,” the Bench said in a recent Order.

The Supreme Court was hearing an Appeal was made by Suvarna Cooperative Bank Ltd against a Karnataka High Court Order that halted Criminal proceedings against a man for Offences under Indian Penal Code Sections 120B (Criminal Conspiracy), 408 (Criminal breach of trust by clerk), 409 (Criminal breach of trust by public servant), 420 (cheating), and 149 (every member of unlawful assembly Guilty of Offence committed in Prosecution of common object).

The Complainant bank lodged a Complaint with the Additional Chief Metropolitan Magistrate’s Court in Bangalore, and a FIR was lodged with the Chickpet Police Station under various sections of the IPC.

Following the completion of the investigation, a Chargesheet was lodged against the Case’s Accused number one.

Related Post