⚖️ Legal Learning – Shri Ganpati Jurists
📌 Case Principle:
The Supreme Court has clarified that a Trial Court cannot mechanically take cognizance of additional offences that were not part of the chargesheet merely on the basis of affidavits filed by private witnesses.
📝 Key Observations:
1️⃣ No Cognizance on Private Affidavits Alone
The Trial Court erred in adding offences solely on the strength of affidavits filed by complainant’s witnesses, without reference to the investigation record.
2️⃣ Requirement of Investigation Record or Further Probe
For addition of offences, the Trial Court must either rely on the materials collected during investigation or, if suppression/misrepresentation is alleged, it should direct further investigation.
3️⃣ Fairness in Criminal Trial
The Court emphasized that fairness requires offences to be added only after due scrutiny of credible material, not by mechanical reliance on private affidavits.
⚖️ Key Takeaway:
👉 Trial Courts must ensure that additional charges are backed by proper investigation or judicially ordered further inquiry. Private affidavits alone cannot be the foundation for taking cognizance of new offences.
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