Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | CODE OF CRIMINAL PROCEDURE, 1973: s.319 - Power of trial court to proceed against other persons appearing to be guilty of offence - Persons not named in FIR, nor mentioned in charge-sheet, nor sent up for trial, but after two years of their discharge from the case, trial court issuing warrants of arrest against them - Held: In order to invoke power u/s 319, court is not merely required to take note of the fact that name of a person has surfaced during trial but it has also to consider whether the evidence would be sufficient to convict him - In the instant case, on the evidence adduced as regards the persons summoned u/s 319, it cannot be said with any amount of certainty that the same would in all probability secure conviction against them -· Order of trial court issuing warrants of arrest, and of High Court staying execution of warrants and directing the addresees to surrender and then seek bail are set aside. An F.l.R. alleging murder of the father of the complainant was lodged on 29.11.2002 on the allegations that besides the assailant several other persons could have been behind the incident. The appellants applied for and were granted bail. The appellants were neither shown in the charge-sheet nor were they sent up for trial, on the other hand, by an order dated 30.6.2004, they were . .., discharged from the case, Later, on an application filed uls 319 Cr.P.C by the complainant, the trial court, ·on 22.6.2006, issued warrants of arrest against the appellants for their alleged refusal to receive summons which had been issued to them earlier u/s 319 Cr.P.C. The High Court in its revisional jurisdiction stayed execution of the warrants holding that there was no willful defiance of the summons to necessitate issuance of warrants, and directed the appellants to surrender before the court within three weeks and thereafter to apply for bail. In the instant appeal, it was contended for the appellants that there was no direct evidence against them which could have formed the basis for issuance of summons u/s 319 Cr.P.C. and the entire case was hearsay in nature, that the trial court ought not to have issued summons u/s 319 Cr.P.C. without recording satisfaction as to the sufficiency of evidence on record for securing conviction against the appellants. |
Judge | Honble Mr. Justice Altamas Kabir |
Neutral Citation | 2009 INSC 9 |
Petitioner | Brindaban Das And Ors. |
Respondent | State Of West Bengal |
SCR | [2009] 1 S.C.R. 87 |
Judgement Date | 2009-01-07 |
Case Number | 9 |
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