Supreme Court of India

S. Mohammed Ispahani v. Yogendra Chandak & Others

Neutral citation

Reported as [2017] 10 S.C.R. 29

Bench A. K. Sikri and Ashok Bi-iushan JJ.

Decided 4 October 2017

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

8 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that though only a prima facie case is to be established from the evidence Jed before the court, not necessarily tested on the anvil of cross-examination, it requires much stronger evidence than mere probability of his complicity.

Judgment, page 17

From the headnote

Code of Criminal Procedure, 1973: s.319 - Power of court to summon those persons not named in the charge sheet to appear and face trial - When a person is named in the FIR by the complainant, but Police, after investigation, finds no role of that particular person and files the charge sheet without implicating him, the Court is not powerless, and at the stage of summoning, if the trial court finds that a particular person should ·be summoned as accused, even though not named in the charge sheet, it can do so - At that stage, chance is given to the complainant also to file ll protest petition

Where later benches applied it

2021 Sartaj Singh v. State of Haryana & Anr. Etc. relied on
2025 Neeraj Kumar @ Neeraj Yadav v. State of U.P. & Ors. referred to
2025 Shiv Baran v. State of U.P. & Anr. referred to
2025 Akhilesh v. State of Uttar Pradesh & Ors. referred to
2025 Omi @ Omkar Rathore & Anr. v. The State of Madhya Pradesh & Anr. referred to
2021 Manjeet Singh v. State of Haryana & Ors. referred to
2019 Saeeda Khatoon Arshi v. State of Up & Anr referred to
2019 Rajesh & Ors. v. State of Haryana mentioned

Of those, 1 relied on · 6 referred to · 1 mentioned

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