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 (Act 2 of 1974) s. 319 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure 1973 (Act 2 of 1974), s. 319 - Scope of - Sessions Court Whether has power to add any person as an accused in the absence of any committal order - Sections 193 and 209 whether bar to the Court of Sessions taking cognizance of offence as a court of original jurisdiction. A criminal complaint was registered against five persons, amongst whom the two appellants were included. The police having found that the two appellants were innocent, charge-sheeted the remaining three persons. They were committed to trial. At the trial after evidence showing the appellants' involvement in the crime was recorded the prosecution moved an application that they be tried, along with the three accused. The Sessions Judge directed the appellants to stand trial, together with the other accused. Their revision application to the High Court was dismissed. In their appeal to this Court it was contended that, ( 1) sections 193 and 209 Cr.P.C. were a bar to the Court of Sessions taking cognizance of any offence as a court of original jurisdiction and (2) s. 319 was inapplicable to the facts of this case because that section in so far as it is applicable to a Sessions Court would be subject to or subordinate to s. 193 and the phrase "any person not being the accused" occurring in the section excludes from its operation an accused who had been released by the police. |
Judge | Hon'ble Mr. Justice V.D. Tulzapurkar |
Neutral Citation | 1978 INSC 231 |
Petitioner | Joginder Singh & Anr. |
Respondent | State Of Punjab & Anr. |
SCR | [1979] 2 S.C.R. 306 |
Judgement Date | 1978-11-16 |
Case Number | 501 |
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