NDLI: Manjeet Singh Vs. State of Haryana & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Criminal Procedure 1973
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Criminal Procedure, 1973 – s.319 – Summoning of additional accused – An FIR was registered on the basis of the statement of the original complainant regarding death of his son and injuries suffered by his nephew-appellant – As per his statement his son and his nephew were attacked by one ‘S’ and four accused persons/private respondents armed with weapons while they were on their way back home after purchasing the pesticides meant for paddy in their car – There was indiscriminate firing from ‘S’ which led to death of his son and his nephew was injured – A cross-case was also registered against the complainant side – The matter was investigated and after investigation, a final report was filed only against ‘S’ – That during the trial, appellant-nephnew was examined as PW1 – In the deposition, he reiterated the allegations made in the FIR including the allegations made against the four private respondents and reiterated what was stated in the FIR – He came to be cross-examined partly and during the cross-examination, an application u/s. 319 CrPC was given on behalf of the complainant for summoning of four private respondents as additional accused – The trial Court dismissed the application u/s. 319 CrPC – The High Court confirmed the order passed by the trial Court – On appeal, held: It is required to be noted that in the FIR all the private respondents herein who are sought to be arraigned as additional accused were specifically named with specific role attributed to them – It is specifically mentioned in the FIR that all the aforesaid persons with common intention parked the car in a manner which blocks the entire road and they were armed with the weapons – The evidence of an injured eye witness has greater evidential value and unless compelling reasons exist, their statements are not to be discarded lightly – While exercising the powers u/s. 319 CrPC the Court has not to wait till the cross-examination and on the basis of theexamination-in-chief of a witness if a case is made out, a person can be summoned to face the trial u/s. 319 CrPC – The trial Court as well as the High Court have materially erred in dismissing the application u/s.319 CrPC and refusing to summon the private respondents herein to face the trial in exercising the powers u/s. 319 CrPC. Code of Criminal Procedure, 1973 – s.319 – The High Court while dismissing the application filed u/s.319 CrPC went into the merits of the case – Held: At the stage of exercising the powers u/s. 319 CrPC, the Court is not required to appreciate and/or enter on the merits of the allegations of the case. Code of Criminal Procedure, 1973 – s.319 – Exercise of power under – Held: Powers u/s. 319 CrPC can be exercised at any stage from commencing of the trial and recording of evidence/ deposition and before the conclusion of the trial at any stage.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2021 INSC 419
Petitioner	Manjeet Singh
Respondent	State Of Haryana & Ors.
SCR	[2021] 7 S.C.R. 855
Judgement Date	2021-08-24
Case Number	875

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