Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 – s.319 – Exercise of power under |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, 1989 (33 of 1989) 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 Dismissed |
Headnote | Code of Criminal Procedure, 1973 – s.319 – Exercise ofpower under – Held: What is essential for exercise of the power u/s.319 is that the evidence on record must show the involvement of aperson in the commission of a crime and that the said person, whohas not been arraigned as an accused, should face trial togetherwith the accused already arraigned – However, the court holding atrial, if it intends to exercise power conferred by s.319 must not actmechanically merely on the ground that some evidence has come onrecord implicating the person sought to be summoned; its satisfactionpreceding the order thereunder must be more than prima facie asformed at the stage of a charge being framed and short ofsatisfaction to an extent that the evidence, if unrebutted, would leadto conviction – In the present case, the FIR disclosed offences havingbeen committed by one ‘D’, his brother (the appellant) and anunknown person – Complainant and his wife described the mannerof assault inflicted by ‘D’ and the appellant and the utterances usedby them touching the caste of the complainant and his wife – It isnot that involvement of the appellant in the crime was referred tofor the first time in the court – Thus, though, the appellant was notnamed in the FIR but, that by itself cannot be held to be decisive –Once it is conceded that the appellant is a sibling of ‘D’ and he isnamed as one of the assailants, the material for forming the requisitesatisfaction cannot be said to be non-existent – Special Court formedthe requisite satisfaction prior to summoning the appellant to facetrial with ‘D’ – Impugned order affirming the order of Special Courtcannot be faul ted – Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989 – ss.3(1)(r), (s) – Penal Code,1860 – ss. 419, 420, 323, 406, 506. |
Judge | Hon'ble Mr. Justice Dipankar Datta |
Neutral Citation | 2023 INSC 576 |
Petitioner | Jitendra Nath Mishra |
Respondent | State Of U.p. & Anr |
SCR | [2023] 7 S.C.R. 642 |
Judgement Date | 2023-06-02 |
Case Number | 978 |
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