Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 504 of IPC 307 1973 – s.319 – Principle of hearing a person who is summoned u/s. 319 Cr.P.C. – Applicability of – Respondent no.2-complainant got an FIR registered u/ss. 147 149 148 302 452 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973 – s.319 – Principle ofhearing a person who is summoned u/s. 319 Cr.P.C. – Applicabilityof – Respondent no.2-complainant got an FIR registered u/ss. 147,148, 149, 302, 452, 307, 504 of IPC – A charge-sheet was filedagainst the accused persons but the names of appellants were notmentioned in it as their role was under investigation – Respondentno.2 filed application u/s. 319 Cr.P.C. to summon appellants – TrialCourt summoned appellants to join trial – High Court affirmed theorder passed by the trial Court – Before the Supreme Court,appellant contended that either the summoning order may be setaside in light of paragraph 9 of the Jogendra Yadav case as noopportunity of hearing that was provided to the appellants, at thetime of order of summoning or the Jogendra Yadav case may bereferred to a larger Bench if not followed in the instant case – Held:Merely because in certain proceedings the persons summoned hadbeen provided an opportunity of being heard cannot be the samething as stating that it is a mandatory requirement or a preconditionthat at the time of summoning a person u/s. 319 of the Cr.P.C., heshould be given an opportunity of being heard – Paragraph 9 cannotbe considered to be ratio of the Jogendra Yadav judgment – Thejudgment in Jogendra Yadav does not calls for any re-considerationand observation in paragraph 9 is relatable only to the facts of thesaid case – Thus, the principle of hearing a person who is summonedcannot be read into s. 319 Cr.P.C, such a procedure is not at allcontemplated therein.Code of Criminal Procedure, 1973 – s.319 – Object andpurpose – discussed. |
Judge | Hon'ble Ms. Justice B.V. Nagarathna Hon'ble Mr. Justice Ujjal Bhuyan |
Neutral Citation | 2023 INSC 652 |
Petitioner | Yashodhan Singh & Ors. |
Respondent | The State Of Uttar Pradesh & Anr. |
SCR | [2023] 10 S.C.R. 1196 |
Judgement Date | 2023-07-18 |
Case Number | 2186 |
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