Magistrate Not Bound To Notify Informant When Not Proceeding Against 'Non-Chargesheeted' Accused: Allahabad HC

The Allahabad High Court has clarified that a Magistrate is not required to issue a notice to the informant in every case where he is taking cognizance only against the charge-sheeted persons, while leaving out other accused, though named in the FIR, but not charge-sheeted. A bench of Justice Manju Rani Chauhan observed that issuing notice to the informant, allowing him/her to address the Magistrate regarding non-charge-sheeted persons, would prolong the matter, causing unnecessary delay. It was also observed that in the case where the persons shown as an accused in the FIR are not charge sheeted, there is always a scope of them being summoned under Section 319 Cr.P.C., thus, it cannot be said that the right of informant is affected in case notices are not issued to them in those cases where charge sheet has been submitted against a few persons and rest of the persons remain un-chargesheeted,” the court observed in its order. The Court made these observations while hearing a plea filed by Suman Prajapati, challenging an order passed by the Additional Chief Judicial Magistrate, wherein the lower court took cognizance of the offence in a matrimonial cruelty case, summoning only one accused, who was named in the charge sheet, while leaving out five other accused initially named in the FIR. Regarding the mandate of the Supreme Court's Bhagwat Singh judgment, the court noted that while it was held in this case that the informant must be heard when the Magistrate is considering, dropping proceedings or accepting the final report that excludes some accused persons, it is not automatic in every case.