Case Note & Summary
The applicants, five individuals, challenged an order dated 29.03.2010 passed by the Additional Sessions Judge, Kandhar, in Sessions Case No. 35/2008, which directed their addition as accused under Section 319 of the Criminal Procedure Code, 1973 (CrPC). The applicants argued that the trial court erred in invoking Section 319 CrPC based solely on statements of witnesses recorded during investigation, as the evidence in the trial had not yet commenced. They contended that the prerequisite for invoking Section 319 CrPC is that certain facts must come on record during evidence, and since that stage had not been reached, the order was premature and liable to be quashed. The High Court, after hearing both sides, examined the impugned order and the relevant legal position. It referred to the Supreme Court's decision in Ranjit Singh v. State of Punjab (1998) 7 SCC 149, which clearly held that the power under Section 319 CrPC to array a new person as accused cannot be invoked prior to the evidence collection stage. The Court noted that until the stage of Section 230 CrPC is reached, the Sessions Court can only deal with the accused referred to in Section 209 CrPC. Since the trial had not yet commenced and no evidence had been recorded, the impugned order was premature and without jurisdiction. Consequently, the High Court allowed the application, quashed the order dated 29.03.2010, and directed the trial court to proceed with the trial in accordance with law.
Headnote
A) Criminal Procedure Code - Section 319 - Power to add accused - Premature invocation - The Sessions Court passed an order under Section 319 CrPC adding the applicants as accused based on statements of witnesses recorded during investigation, before any evidence was recorded in the trial. The High Court held that the power under Section 319 CrPC cannot be invoked prior to the evidence collection stage, as the provision requires evidence to come on record during the trial. The impugned order was quashed and set aside as premature. (Paras 2-6) B) Criminal Procedure Code - Section 319 - Precondition - Evidence during trial - The High Court relied on the Supreme Court judgment in Ranjit Singh v. State of Punjab (1998) 7 SCC 149, which held that the power under Section 319 CrPC to array a new person as accused cannot be invoked prior to the evidence stage. The Sessions Court can only deal with accused referred under Section 209 CrPC until the stage of Section 230 CrPC is reached. (Paras 5-6)
Issue of Consideration
Whether the Sessions Court can invoke Section 319 of the Criminal Procedure Code, 1973 to add persons as accused before the commencement of evidence in the trial.
Final Decision
The application is allowed. The impugned order dated 29.03.2010 passed by the Additional Sessions Judge, Kandhar, in Sessions Case No. 35/2008 is quashed and set aside. The trial court is directed to proceed with the trial in accordance with law.
Law Points
- Section 319 CrPC power cannot be invoked before evidence stage
- Sessions Court cannot add accused based on investigation statements
- Premature order under Section 319 CrPC is liable to be quashed
