Case Note & Summary
The appeal arose from a criminal case involving the murder of Nitin, where the complainant sought to summon the appellant as an accused under Section 319 of the Code of Criminal Procedure, 1973. The background involved a written complaint by Ravinder alleging that on September 10, 2014, his sons Sachin and Nitin were called by Jagpal and the appellant Sagar for tying sugarcane crop, and later Nitin was found dead, burnt by an electric wire. Case Crime No. 164 of 2014 was registered under Section 302 IPC. After investigation, a chargesheet was filed only against Jagpal Singh, with the investigating officer finding no case against the appellant, who was noted as a juvenile at the time. During the trial, after the statements of the complainant (PW.1) and his father Sadhu Ram (PW.2) were recorded, the complainant filed an application under Section 319 CrPC on March 17, 2016, alleging that the investigating officer had arbitrarily removed the appellant's name from the chargesheet despite his involvement. The trial court rejected this application on January 30, 2018, finding that the witnesses were not eyewitnesses and there was insufficient evidence to summon the appellant under Section 319 CrPC. The complainant then filed a criminal revision petition before the High Court of Judicature at Allahabad, which set aside the trial court's order on July 28, 2021, in a manner described as casual and cavalier. The legal issue centered on whether the High Court erred in invoking Section 319 CrPC without adhering to the established principles. The appellant argued that the High Court failed to appreciate the evidence and the discretionary nature of Section 319 CrPC, while the respondent sought summoning based on witness statements. The Supreme Court analyzed the scope of Section 319 CrPC, citing the Constitution Bench decision in Hardeep Singh v. State of Punjab, which emphasized that this power is discretionary and extraordinary, to be exercised sparingly only when strong and cogent evidence from trial evidence indicates complicity, requiring a test more than a prima facie case but short of satisfaction leading to conviction if unrebutted. The court found that the High Court had not properly applied these principles and had set aside the trial court's well-reasoned order without adequate consideration. Consequently, the Supreme Court allowed the appeal, quashed the High Court's order, and reinstated the trial court's rejection of the application under Section 319 CrPC.
Headnote
A) Criminal Procedure - Summoning Additional Accused - Section 319 CrPC - Code of Criminal Procedure, 1973, Section 319 - The complainant filed an application under Section 319 CrPC to summon the appellant as an accused in a murder case after chargesheet was filed only against another accused - The trial court rejected the application, finding insufficient evidence from witness statements, but the High Court set aside this order without proper appreciation of evidence - The Supreme Court held that Section 319 CrPC is a discretionary and extraordinary power requiring strong and cogent evidence from trial evidence, more than a prima facie case but short of satisfaction leading to conviction if unrebutted, and the High Court's order was casual and cavalier, thus quashing it and reinstating the trial court's order (Paras 8-10).
Issue of Consideration
Whether the High Court erred in setting aside the trial court's order rejecting the application under Section 319 of the Code of Criminal Procedure, 1973 to summon the appellant as an accused
Final Decision
Appeal allowed; order passed by the High Court dated July 28, 2021 is quashed and set aside; trial court's order dated January 30, 2018 rejecting application under Section 319 CrPC is reinstated
Law Points
- Section 319 of the Code of Criminal Procedure
- 1973 is a discretionary and extraordinary power to be exercised sparingly
- requiring strong and cogent evidence from trial evidence that is more than a prima facie case but short of satisfaction leading to conviction if unrebutted
- not to be invoked casually or cavalierly
