Case Note & Summary
The applicant, Rupa Deepak Dhande, filed an application under Section 482 CrPC challenging the order dated 06.01.2022 passed by the learned Special Judge, Khamgaon, District Buldhana, allowing the application at Exh. 108 made by accused No.2 (Rajendrakumar Jaiswal) to add the applicant and one Satish Dinanath Jalgaonkar as accused in Special Case ACB No. 04 of 2014 under Section 319 CrPC. The case pertains to alleged corruption and criminal misconduct. The applicant contended that there was no evidence against her and that the learned Judge mechanically allowed the application without proper application of mind. The non-applicants, including the State and the accused, opposed the application. The High Court examined the evidence on record, including the statements of witnesses, and found that the evidence did not disclose any specific role of the applicant in the alleged offences. The court held that the power under Section 319 CrPC must be exercised cautiously and only when there is strong and cogent evidence. The court allowed the application, quashed the impugned order insofar as it pertained to the applicant, and discharged her from the case.
Headnote
A) Criminal Procedure Code - Section 319 CrPC - Summoning Additional Accused - The power under Section 319 CrPC can be exercised only if the evidence collected during the trial gives rise to a strong suspicion that the person sought to be summoned has committed an offence. The court must be satisfied that there is a prima facie case against such person. Mere mention of name in the charge-sheet or statements of witnesses without direct evidence is insufficient. (Paras 10-15)
B) Criminal Procedure Code - Section 319 CrPC - Standard of Proof - The standard of proof for summoning an additional accused under Section 319 CrPC is higher than that for framing of charge. The evidence must be such that if unrebutted, would lead to conviction. The court must apply its mind and record satisfaction. (Paras 12-16)
C) Criminal Procedure Code - Section 319 CrPC - Application by Accused - An application under Section 319 CrPC can be filed by the accused already facing trial. However, the court must independently assess the evidence and not act merely on the basis of the application. (Para 8)
Issue of Consideration
Whether the learned Special Judge was justified in summoning the applicant as an additional accused under Section 319 CrPC based on the evidence collected during the trial.
Final Decision
The application is allowed. The impugned order dated 06.01.2022 passed by the learned Special Judge, Khamgaon, District Buldhana, insofar as it pertains to the applicant, is quashed and set aside. The applicant is discharged from Special Case ACB No. 04 of 2014.
Law Points
- Section 319 CrPC
- power to summon additional accused
- test of prima facie case
- evidence collected during trial
- satisfaction of court
- standard of proof
Case Details
2023 LawText (BOM) (01) 312
Criminal Application (APL) No.91 of 2022
Shri R. P. Joshi, Shri Y. B. Mandpe, Ms Mugdha Chandurkar, Shri D. D. Vaidya, Shri A. D. Bhate, Shri A. S. Mardikar, Shri A.R. Deshpande, Shri Z. Z. Haq
State of Maharashtra, Harshwardhan Ratnakar Nanoti, Satish Dinanath Jalgaonkar, Rajendrakumar S/o. Brijkishore Jaiswal, Dr. Sadanand Madhukar Ingle
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal application under Section 482 CrPC challenging the order summoning the applicant as an additional accused under Section 319 CrPC.
Remedy Sought
Quashing of the order dated 06.01.2022 passed by the learned Special Judge, Khamgaon, allowing the application under Section 319 CrPC to add the applicant as an accused.
Filing Reason
The applicant was summoned as an additional accused in Special Case ACB No. 04 of 2014 based on an application by accused No.2, despite lack of sufficient evidence against her.
Previous Decisions
The learned Special Judge allowed the application at Exh. 108 filed by accused No.2 under Section 319 CrPC, thereby summoning the applicant and another person as accused.
Issues
Whether the learned Special Judge was justified in summoning the applicant as an additional accused under Section 319 CrPC based on the evidence on record.
What is the standard of proof required for exercising power under Section 319 CrPC?
Submissions/Arguments
The applicant argued that there was no evidence against her and the learned Judge mechanically allowed the application without proper application of mind.
The non-applicants argued that the evidence collected during trial showed the involvement of the applicant and the order was justified.
Ratio Decidendi
The power under Section 319 CrPC to summon additional accused must be exercised only when the evidence collected during trial gives rise to a strong suspicion that the person has committed an offence. The standard of proof is higher than that for framing of charge, and the court must record satisfaction based on cogent evidence. Mere mention of name in the charge-sheet or statements without direct evidence is insufficient.
Judgment Excerpts
The power under Section 319 CrPC can be exercised only if the evidence collected during the trial gives rise to a strong suspicion that the person sought to be summoned has committed an offence.
The standard of proof for summoning an additional accused under Section 319 CrPC is higher than that for framing of charge.
Procedural History
The applicant filed an application under Section 482 CrPC challenging the order dated 06.01.2022 passed by the learned Special Judge, Khamgaon, allowing the application at Exh. 108 made by accused No.2 to add the applicant as an accused in Special Case ACB No. 04 of 2014 under Section 319 CrPC. The High Court heard the matter and reserved judgment on 16.02.2023, pronouncing it on 22.02.2023.
Acts & Sections
- Code of Criminal Procedure, 1973: 319, 482
