Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Trial Court Cannot Take Cognizance Of Offence Not Mentioned In Chargesheet Only Based On Private Witness's Affidavit : Supreme Court
The Supreme Court ruled that trial courts cannot take cognizance of offences absent in the chargesheet merely on the basis of a private witness’s affidavit. The Court reiterated that the chargesheet defines the scope of trial, and introducing new offences without proper investigation or sanction violates fair trial principles. It emphasised that affidavits cannot substitute prosecutorial processes, as doing so would prejudice the accused and contravene criminal procedure. The judgment safeguards against ad-hoc augmentation of charges and upholds the integrity of criminal proceedings by stressing reliance on statutory prosecutorial mechanisms.