Case Note & Summary
The revision applicants, Pravin s/o Manikrao Naik and Manikrao s/o Anandrao Naik, challenged the order dated 18.11.2006 passed by the learned Adhoc Additional Sessions Judge in Sessions Trial No. 64/2005. The trial court, on an application by the complainant Sk. Sattar, directed that all 98 persons named in the FIR be added as accused, even though the police had chargesheeted only 62 persons after investigation. The applicants argued that no evidence was found against them during investigation and they had an alibi. The High Court held that the trial court could not direct addition of accused without following Section 319 CrPC, which requires evidence during trial. The police have discretion in investigation, and the court cannot interfere without proper procedure. The revision was allowed, setting aside the impugned order.
Headnote
A) Criminal Procedure - Addition of Accused - Section 319 CrPC - Power of Trial Court - The trial court cannot suo motu or on application of complainant direct addition of persons named in FIR but not chargesheeted, without following the procedure under Section 319 CrPC which requires evidence during trial. The police have discretion in investigation to decide whom to charge, subject to judicial review only through proper channels. (Paras 1-3)
B) Criminal Procedure - Revision - Interlocutory Order - Maintainability - The impugned order directing addition of accused is not an interlocutory order as it substantially affects the rights of the applicants, hence revision is maintainable. (Para 1)
Issue of Consideration
Whether the trial court could direct addition of accused persons who were named in the FIR but not chargesheeted by the police, without following the procedure under Section 319 of the Code of Criminal Procedure, 1973.
Final Decision
The revision is allowed. The impugned order dated 18.11.2006 passed by the learned Adhoc Additional Sessions Judge in Sessions Trial No. 64/2005 is set aside.
Law Points
- Police discretion in investigation
- power of trial court to add accused under Section 319 CrPC
- scope of revision against interlocutory order
Case Details
2011 LawText (BOM) (12) 101
Criminal Revision Application No. 271/2007
Mr. R.R. Prajapati h/f Shri S.D. Chopde for applicants, Mrs. A.R. Taywade APP for Respondent No.1, Mr. J.B. Kasat for Respondent No.2
Pravin s/o Manikrao Naik and Manikrao s/o Anandrao Naik
The State of Maharashtra and Sk.Sattar s/o Sk. Hanif
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Nature of Litigation
Criminal revision against order of trial court directing addition of accused persons not chargesheeted by police.
Remedy Sought
Setting aside of order dated 18.11.2006 passed by Adhoc Additional Sessions Judge in Sessions Trial No. 64/2005.
Filing Reason
The trial court directed addition of applicants as accused despite police not chargesheeting them after investigation.
Previous Decisions
The trial court allowed application of complainant to add all 98 persons named in FIR as accused.
Issues
Whether the trial court could direct addition of accused persons named in FIR but not chargesheeted, without following Section 319 CrPC.
Whether the revision is maintainable against the impugned order.
Submissions/Arguments
Applicants argued that no evidence was found against them during investigation and they had alibi.
Complainant argued that all 98 persons named in FIR should be prosecuted as police had no right to pick and choose.
Ratio Decidendi
The trial court cannot direct addition of accused persons without following the procedure under Section 319 CrPC, which requires evidence during trial. The police have discretion in investigation to decide whom to charge, and the court cannot interfere without proper legal basis.
Judgment Excerpts
The police have duty to place before the Court the material collected during investigation and it is for the Court to decide whether to take cognizance or not.
The trial court could not have directed addition of accused without following Section 319 CrPC.
Procedural History
The complainant filed FIR naming 98 persons. Police investigated and chargesheeted 62 persons. Complainant applied to trial court to add remaining 36 persons. Trial court allowed application on 18.11.2006. Applicants filed revision before High Court.
Acts & Sections
- Code of Criminal Procedure, 1973: 319
