The Supreme Court of India, in its March 17, 2025 order in Gopal Pradhan vs. State of Chhattisgarh & Ors. (SLP No. 3649/2025), clarified that a Magistrate cannot direct the police to include a person as an accused in a charge-sheet. Instead, if the court wishes to take cognizance of an individual not named in the police report, it must issue a summons after a careful and reasoned judicial analysis, rather than altering the charge-sheet.
In the referenced case, the petitioner, Gopal Pradhan, a Patwari, challenged a decision by a Judicial Magistrate in Pithora, Chhattisgarh, who had ordered his inclusion in the charge-sheet, despite the police’s final report not supporting such action. The petitioner’s counsel argued that the Magistrate lacked the authority to instruct the police to add a name to the charge-sheet when the investigation did not substantiate further action against him.
The Supreme Court acknowledged that while courts can differ from the police report and summon additional accused, they must do so through their own evaluative process and not by directing modifications to the charge-sheet. The court dismissed the Special Leave Petition but underscored this important procedural distinction, reinforcing the separation between judicial oversight and investigatory discretion.
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