If the charge sheet filed by the police omits the names of some accused persons named in the FIR, and the Magistrate is of the opinion that there is no sufficient ground for proceeding against some of the persons mentioned in the FIR, the Magistrate must give notice to the informant and provide him an opportunity to be heard at the time of consideration of the report.
In this regard, see the observations of the Supreme Court in the case of Bhagwant Singh v. Commr. of Police, (1985) 2 SCC 537 : AIR 1985 SC 1285:
“…in a case where the Magistrate to whom a report is forwarded under sub-section (2)(i) of Section 173 decides not to take cognizance of the offence and to drop the proceeding or takes the view that there is no sufficient ground for proceeding against some of the persons mentioned in the first information report, the Magistrate must give notice to the informant and provide him an opportunity to be heard at the time of consideration of the report.” [Emphasis supplied]
So, you should be in a position to challenge the dropping of names of some accused persons in the FIR if the Magistrate also decides not to proceed against them.
Otherwise, you may also try to request the Magistrate to direct further investigation by police. In some extreme cases, where the investigation is grossly compromised, one can even consider approaching the high court to direct a fair and proper investigation, may be, by transferring the case to some other agency such as CID or some other police officer.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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