Justice HD Suthar of the Gujarat High Court held that the sessions court had "improperly exercised" the power to summon a person, as the evidence fell short. (File Photo)

Holding that “mere suspicion of involvement” was “not sufficient” to proceed against a person who was not an accused in a case, the Gujarat High Court quashed a sessions court’s 2006 order directing that a then-serving police officer be named as an accused in a case that was mid-trial under the provisions of the Criminal Procedure Code.

Justice HD Suthar of the Gujarat High Court held that the sessions court had “improperly exercised” the power to summon a person, as the evidence fell short.

The HC was hearing a revision application filed by retired IPS officer RJ Savani, challenging the July 2006 order of the sessions court in Nadiad, Kheda, which had ordered that Savani be joined as an accused, and witnesses be recalled, in a case in which the investigating officer had earlier cleared Savani, who was serving as the Deputy…