M/S. Swil Ltd vs State Of Delhi & Another

The Supreme Court held that the High Court's reliance on Section 319 Cr.P.C. was misplaced as the appropriate provision at the stage of cognizance is Section 190 Cr.P.C., which allows a Magistrate to take cognizance of an offence based on a police report. The Court clarified that a Magistrate can issue summons to an accused even if they are not named in the charge sheet, provided there is sufficient evidence. The appeal was allowed, overturning the High Court's order that had restricted the issuance of summons to the accused.