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Can court summons to unknown person who is accused as per FIR


07-Apr-2023 (In Criminal Law)
U/s CrPc 319 can court summons to the person who is unknown as per FIR and police did not investigated him and also not mentioned him in chargesheet
Answers (2)

Answer #1
503 votes
Well, the Police cannot send Summons to a Person not named in the FIR without doing investigation first which becomes possible after Registration of FIR either by the Police on own or on the orders of a JMFC.
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Answer #2
762 votes
A person not named in the FIR or a person though named in the FIR but has not been charge-sheeted can be summoned under Section 319 Cr.P.C. provided from the evidence it appears that such person can be tried along with the accused already facing trial.
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