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R. N. Agarwal v. R. C. Bansal and others

Criminal Appeal · Neutral citation not assigned (Criminal Appeal Nos. 2199-2201 of 2014)Decided 14 Oct 2014
Criminal Appeal Nos. 2199-2201 of 2014
Justice M.Y. Eqbal · Justice Pinaki Chandra Ghose

Background

A CBI case alleged that forged membership records were used to take over a dormant housing society and obtain land. One accused asked the Special Judge to summon people whom the CBI had listed as prosecution witnesses, arguing that the investigation material implicated them too. The Special Judge summoned them and ordered action against investigators, but the High Court quashed that order.

Decision Breakdown

The Supreme Court allowed the appeals and restored the summons while removing the direction to register a case against investigating officers. A court taking cognizance of an offence is not confined to the persons whom police choose to name as accused. The Special Judge had examined investigation materials in detail before finding a basis to summon the additional persons, and the High Court had relied on an approach displaced by binding Supreme Court authority. The Court found the investigative-officer prosecution direction unnecessary at that stage. Restoration of summons required the additional persons to face proceedings; it was not a final determination of their guilt.

Lesson Learnt

Being listed as a witness rather than an accused does not prevent a court from examining evidence of involvement. Summoning someone for trial and convicting them are different decisions, and criticism of an investigation does not automatically justify prosecuting its officers.

Official source (sci.gov.in)View Judgment (PDF)

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