Case Note & Summary
The petitioner, Renuka @ Shivubai, filed a criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, challenging the order dated 01.07.2022 passed by the III Additional District and Sessions Judge, Vijayapura, in S.C. No. 47/2017. The trial court had rejected an application filed under Section 319 CrPC by the petitioner seeking to arraign respondent No. 1, Siddappa, as an additional accused. The petitioner contended that the trial court erred in rejecting the application despite the existence of prima facie evidence against Siddappa. The High Court, after hearing the parties, set aside the impugned order and directed the trial court to reconsider the application afresh in accordance with law, emphasizing that the trial court must apply the correct legal test for summoning additional accused under Section 319 CrPC.
Headnote
A) Criminal Procedure Code - Section 319 - Summoning of Additional Accused - Prima Facie Case - The court considered whether the trial court was justified in rejecting the application under Section 319 CrPC for arraigning the proposed accused. Held that the trial court failed to apply the correct test of prima facie evidence and erroneously rejected the application. (Paras 3-5)
Issue of Consideration
Whether the trial court erred in rejecting the application under Section 319 CrPC to arraign the proposed accused as an additional accused in the case.
Final Decision
The High Court allowed the revision petition, set aside the impugned order dated 01.07.2022, and directed the trial court to reconsider the application under Section 319 CrPC afresh in accordance with law.
Law Points
- Section 319 CrPC
- power to summon additional accused
- prima facie case
- test for summoning
- revision under Section 397 CrPC
Case Details
CRL.RP No. 200062 of 2022 (397)
Kadloor Satyanarayanacharya, Anilkumar Navadagi, Anita M. Reddy
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Nature of Litigation
Criminal revision petition challenging rejection of application under Section 319 CrPC to arraign additional accused.
Remedy Sought
Petitioner sought setting aside of trial court order dated 01.07.2022 and direction to arraign respondent No.1 as an accused in S.C. No. 47/2017.
Filing Reason
Trial court rejected the application under Section 319 CrPC filed by the petitioner to summon Siddappa as an additional accused.
Previous Decisions
Trial court passed order dated 01.07.2022 rejecting the Section 319 application in S.C. No. 47/2017.
Issues
Whether the trial court erred in rejecting the application under Section 319 CrPC to summon the proposed accused as an additional accused.
Submissions/Arguments
Petitioner argued that there was prima facie evidence against respondent No.1 and the trial court ought to have summoned him.
Respondent No.1 opposed the petition, supporting the trial court's order.
Ratio Decidendi
The trial court must apply the correct test of prima facie evidence while considering an application under Section 319 CrPC for summoning additional accused.
Judgment Excerpts
Heard the learned counsel for the petitioner, learned counsel for respondent No.1 and learned High Court Government Pleader for respondent No.2 - State.
The petitioner has filed this petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 praying to set aside the order dated 01.07.2022 passed by the learned III Additional District and Sessions Judge, Vijayapura in S.C.No.47/2017 on an application filed under Section 319 of Cr.P.C.
Procedural History
The petitioner filed an application under Section 319 CrPC in S.C. No. 47/2017 before the III Additional District and Sessions Judge, Vijayapura, which was rejected on 01.07.2022. Aggrieved, the petitioner filed the present criminal revision petition under Section 397 read with Section 401 CrPC before the High Court of Karnataka, Kalaburagi Bench.
Acts & Sections
- Code of Criminal Procedure, 1973: Section 319, Section 397, Section 401
