Case Note & Summary
This case arose from an appeal against an order of the High Court of Allahabad, which dismissed a revision petition challenging the summoning of the appellants under Section 319 of the Criminal Procedure Code, 1973. The FIR was registered by the complainant on 09.06.2018, alleging that the appellants were involved in a violent incident resulting in injuries to the complainant and the death of his two brothers. Although the appellants were not named in the initial charge sheet, the Additional Sessions Judge summoned them based on the complainant's evidence. The appellants contested this summoning order, arguing that they were not given an opportunity to be heard before being added as accused. The Supreme Court, while considering the appeal, reviewed the principles established in previous judgments, particularly Jogendra Yadav and Hardeep Singh, regarding the rights of accused persons summoned under Section 319. The court concluded that the right to a hearing before being added as an accused is not recognized under the current legal framework, as the power to summon is based on the evidence presented during the trial. The court rejected the appellants' arguments for a hearing and upheld the High Court's decision, emphasizing the need for timely trials and the efficient administration of justice. The court directed that the trial should proceed without delay, reinforcing the notion that the summoning of additional accused does not necessitate a mini-trial or a hearing prior to summoning. Ultimately, the court affirmed the summoning order and dismissed the appeal.
Headnote
A) Criminal Procedure - Summoning of Accused - Right to Hearing - Criminal Procedure Code, 1973, Section 319 - The court held that an accused summoned under Section 319 Cr.P.C. does not have a right to be heard before being added as an accused, as the principles of natural justice do not apply in this context. The court emphasized that the power under Section 319 is to be exercised based on evidence that emerges during the trial, and the satisfaction required for summoning is higher than that for framing charges (Paras 19-26).
Issue of Consideration
Whether an accused summoned under Section 319 of the Criminal Procedure Code is entitled to a hearing before being added as an accused.
Final Decision
The Supreme Court upheld the High Court's order, affirming the summoning of the appellants under Section 319 Cr.P.C. without the necessity of a hearing.
Law Points
- Section 319 Cr.P.C.
- summoning of accused
- right to hearing
- principles of natural justice
- discharge of accused
