Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s. 319 Additional accused Cr.P.C Summoning of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – s. 319 – Additional accused – Summoning of –Appeal filed by the father-in-law(appellant no.1), sister-in-law(appellant no.2), and brother-in-law(appellant no.3) of the deceased against the High Court judgment wherein the High Court summoned them u/s. 319 of the CrPC, 1973 as additional accused – Earlier, respondent no. 1 (brother of the deceased woman) had filed an FIR u/s. 304B, 498A, 406, 323 and 34 IPC against the husband of the deceased, the mother-in-law of the deceased, and the above-mentioned appellants – The investigating agency did not find any incriminating material against the appellants, and a challan was filed only against the husband and the mother-in-law of the deceased – Thereafter, respondent no. 1 filed an application u/s. 319 Cr.P.C. before trial Court to summon the appellants as additional accused – Trial Court dismissed the said application – Respondent no. 1 approached the High Court – The High Court summoned the appellants to face trial – Discontented with their summoning, the appellants filed appeal before the Supreme Court – Held: Power of summoning u/s. 319 Cr.P.C. is not to be exercised routinely and the existence of more than a prima facie case is sine qua non to summon an additional accused – The procedural safeguard can be that ordinarily the summoning of a person at the very threshold of the trial may be discouraged and the trial Court must evaluate the evidence against the persons sought to be summoned – In absence of any credible evidence, the power u/s.319 Cr.P.C. ought not to be invoked – In the instant case, the record reveals that appellant no.1 had asked respondent no.1 to spend 20 lakhs on marriage – Therefore, High Court summoning appellant no.1 satisfies the ingredients of s. 319 Cr.P.C. – However, no credible evidence to connect the death of deceased with appellant nos.2 and 3. |
Judge | Hon'ble Mr. Justice Surya Kant |
Neutral Citation | 2023 INSC 148 |
Petitioner | Juhru & Ors |
Respondent | Karim & Anr. |
SCR | [2023] 2 S.C.R. 519 |
Judgement Date | 2023-02-21 |
Case Number | 549 |
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