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 – Summoning of additional accused |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – s.319 – Summoning of additional accused – Appellant-original informant was attacked by private respondents and other accused persons – On basis of the statement of the appellant, FIR was lodged for offences u/ss.148, 149, 341, 323, 324, 307 and 506 IPC – Thereafter, charge-sheet was filed by the Investigating Officer against the other accused, but not against the private respondents – During the trial the appellant was examined as P.W-1, he named the private respondents in his evidence specifically and stood the test of cross-examination – Appellant filed an application u/s. 319 Cr.P.C. for summoning of the additional accused-private respondents – The trial Court allowed the application u/s.319 Cr.P.C. – In the revision petitions, the High Court quashed and set aside the order passed by the trial Court summoning the additional accused-private respondents – On appeal, held: The accused can be summoned on the basis of even examination-in-chief of the witness and the Court need not wait till his cross-examination – If on basis of the examination-in-chief of the witness the Court is satisfied that there is a prima facie case against the proposed accused, the Court may in exercise of powers u/s.319 Cr.P.C. array such a person as accused and summon him to face the trial – In the instant case, the appellant right from the beginning disclosed the names of private respondents and specifically named them in FIR – The reasons assigned by the High Court were unsustainable in law and on facts – What is required to be considered at this stage was whether there is any prima facie case and not whether on the basis of such material the proposed accused is likely to be convicted or not and/or whatever is stated by the injured eye witness in his examination-in-chief is exaggeration or not – Therefore, the trial Court was justified in directing to issue summons against the private respondents to face trial. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 185 |
Petitioner | Sartaj Singh |
Respondent | State Of Haryana & Anr. Etc. |
SCR | [2021] 3 S.C.R. 87 |
Judgement Date | 2021-03-15 |
Case Number | 298-299 |
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