Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s.319 - Power of court to summon those persons not named in the charge sheet to appear and face trial |
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 court to summon those persons not named in the charge sheet to appear and face trial - When a person is named in the FIR by the complainant, but Police, after investigation, finds no role of that particular person and files the charge sheet without implicating him, the Court is not powerless, and at the stage of summoning, if the trial court finds that a particular person should ·be summoned as accused, even though not named in the charge sheet, it can do so - At that stage, chance is given to the complainant also to file ll protest petition urging upon the trial court to summon other persons as well who were not named in the charge sheet - Once that stage has gone, the Court is still not powerless by virtue of s.319 - However, this section gets triggered when during the trial some evidence surfaces against the proposed accused. s.319 - Invocation of - De facto complainant was tenant in the premises of the appellants-landlords against wlzom eviction decree was obtained by the appellants - On the day when delivery of possession was to be taken in terms of the order passed by the executing court, de facto complainant submitted a complaint that 50-60 rowdr elements armed with deadly weapons entered his tenanted premises and threatened his staff and damaged his proper~y and also took away valuables - Charge sheet filed under ss.379, 427, 341 r/w s.34 !PC and under s.3( I) of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 wherein appellants were not named - After the death of de facto complainant, his son PW-1 in his deposition named the appellants and the bailiff as well - Application filed under s.319 dismiss.ed by the Magistrate - ln revision, High Court directed the Magistrate to implicate the appellants also as accused - On appeal, held: The available 'evidence· was not sufficient to implead the appellants as accusedin the case - The Police had, after thorough investigation, filed thecharge sheet in which the appellants were not implicated, however.the complainant had not filed any protest petition at that stage -Appellants/landlords were admittedly not present at the site whenthe alleged incident took place, there is no 'evidence' within themeaning of s.319 C1:P.C. on the basis of which they could besummoned as [recused persons - PW-1 and PW-4 had deposed aboutthe incident that took place at the site and the manner in which thepersons who were present allegedly behaved - As regards theappellant-bailiff, there was no specific attribution in the FIR or inthe depositions of PWs 1 tc 6 in the Court - The Police, duringinvestigation, after the registration of FIR, did nat find anythingagainst the appellant/bailiff and even the department did not findanything against him in the departmental iilqwiry - Further, duringtrial, no 'strong and cogent evidence' surfaced against the appellant/bailiff on the basis of which he could be summoned - No case wasmade out for summoning appellants under s.319 of the Cude - TamilNadu Property (Prevention of Damage and Loss) Act, 1992 - s.3 -Penal Code, 1860 - ss.379, 427, 341 rlw s.34. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2017 INSC 999 |
Petitioner | S. Mohammed Ispahani |
Respondent | Yogendra Chandak & Others |
SCR | [2017] 10 S.C.R. 29 |
Judgement Date | 2017-10-04 |
Case Number | 1720 |
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