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-Nature and scope of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973:s. 319 - Nature and scope of - Held: The power under the provision is discretionary and extraordinary - It can be exercised by Court suo motu as well as on application - Court has the jurisdiction to direct trial of a person not an accused before it - But such jurisdiction has to be used sparingly and only when compelling reasons exist for such action.s. 319 - Trial of accused - Not originally arraigned as accused - Permissibility - Trial sought on the basis of evidence of witness examined on permission of Court after closure of prosecution evidence and recording of statement of accused - Evidence of PWs not attributing specific roles to the accused - Held: Trial of the accused is not permissible in the facts of the case.s. 319(4)(1)(b) - Cognizance of accused - Subsequently added in trial - Held: Cognizance would be presumed to have. been taken in respect of such person by virtue of legal fiction created under the provision - Cognizance.Words and Phrases - 'Evidence' - Meaning of in the context of s. 319 Cr.P.C. On a complaint, three persons were arraigned as accused and the appellants herein were not arraigned as accused. PWs 1, 2 and 3, in their evidence, had stated only about the presence of the appellants and no definite roles were ascribed to them. After closure of prosecution evidence and after examination of the accused u/s 313 Cr.P.C., an application u/s 311 Cr.P.C. was filed and on its being allowed two more witnesses namely PWs 4 and 5 were examined. Thereafter an application u/s 319 Cr.P.C. was filed seeking trial of the appellants herein, in view of examination of PWs 4 and 5 new evidence has surfaced requiring their trial Trial Court rejected the application holding that no such case was made out However in their revisional jurisdiction, Sessions Judge as well as High Court held that there were materials against the appellants, on the basis of which his trial was required. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 984 |
Petitioner | Guriya@tabassum Tauquir And Ors. |
Respondent | State Of Bihar And Anr. |
SCR | [2007] 10 S.C.R. 385 |
Judgement Date | 2007-09-28 |
Case Number | 1305 |
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