The SC on 13 th Dec 2021 held that chargesheet filed against accused persons after a thorough investigation cannot be quashed merely on the ground that other persons who might have committed the offence have not been arrayed as accused or charge-sheeted. The judgment was delivered by a division Bench of Justices MR Shah and BV Nagarathna in the case of M/S Suvarna Cooperative Bank Ltd. v. State of Karnataka and Another. The bench said that said that during the trial, if it is found that other accused persons who committed the offence are not charge-sheeted, the Court may array those persons as accused in exercise of powers under Section 319 of the Code of Criminal Procedure (CrPC).
The court in the present case set aside the High Court order and observed that, merely because some of the persons who might have committed the offences are not charge-sheeted, cannot be a ground to quash the proceedings against the accused charge-sheeted after having found prima facie case against him after investigation.
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