Case Note & Summary
The petitioner, Amit Anand Nare, challenged an order passed by the 2nd Additional Sessions Judge, Raigad, Alibag, which allowed an application filed by the co-accused and issued summons to the petitioner under Section 319 of the Criminal Procedure Code, 1973 (CrPC) to appear as a co-accused in a pending criminal case. The case arose from an FIR lodged on 16/09/1995 by Ravindra Nair, alleging that on that day, the petitioner and two others came to a location where Anil Pawar questioned them about which student was teasing college girls. Subsequently, two accused assaulted Anil Pawar, resulting in his death. The charge-sheet was filed only against the two persons who assaulted the deceased. During the trial, the co-accused filed an application under Section 319 CrPC to summon the petitioner, which was allowed by the Sessions Judge. The petitioner contended that the application was filed by the co-accused, not by the prosecution, and that there was no evidence against him. The High Court, however, held that the power under Section 319 CrPC can be exercised at any stage after cognizance and before judgment, and the trial court had sufficient material to form a prima facie opinion that the petitioner was involved in the offence. The court found no illegality or irregularity in the order and dismissed the revision application.
Headnote
A) Criminal Procedure Code - Summoning of Additional Accused - Section 319 CrPC - Power to summon - The court examined whether the Sessions Judge could summon the petitioner as co-accused under Section 319 CrPC on an application by the co-accused. The court held that the power under Section 319 CrPC can be exercised at any stage after cognizance and before judgment, if evidence appears to show that a person not yet tried has committed the offence. The court found that the trial court had material to form a prima facie opinion that the petitioner was involved, and thus the order was justified. (Paras 1-3)
Issue of Consideration
Whether the Sessions Judge was justified in issuing summons to the petitioner under Section 319 of the Criminal Procedure Code, 1973 based on the application filed by the co-accused.
Final Decision
The High Court dismissed the Criminal Revision Application, upholding the order of the 2nd Additional Sessions Judge, Raigad, Alibag, which allowed the application of the co-accused and issued summons to the petitioner under Section 319 CrPC.
Law Points
- Section 319 CrPC
- Power to summon additional accused
- Evidence during trial
- Prima facie case
