Case Note & Summary
The petitioners, accused Nos. 4 and 5 in C.C. No. 34/2012, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking to quash the order dated 24.06.2017 passed by the I Additional District and Sessions Judge, Bagalkot, in Criminal Revision Petition No. 47/2016, which confirmed the order dated 26.05.2016 passed by the Principal Senior Civil Judge and JMFC, Jamkhandi, allowing an application under Section 319 Cr.P.C. to summon the petitioners as additional accused for offences under Sections 323, 326, 504, 506 read with 34 of the Indian Penal Code, 1860 (IPC). The case originated from a complaint by respondent No. 2, Shanta Maruti Jadhav, alleging that the petitioners and others assaulted her. The trial court, after recording the statement of the complainant, allowed the application under Section 319 Cr.P.C. to summon the petitioners. The revisional court upheld that order. The petitioners contended that there was no prima facie evidence against them and that the order was based on mere suspicion. The High Court examined the evidence, noting that the complainant's statement only mentioned the petitioners' names without any specific overt act. The court held that the power under Section 319 Cr.P.C. requires strong and cogent evidence, and mere naming in the complaint is insufficient. The court found that the trial court and revisional court had acted without proper application of mind, and the order was liable to be quashed to prevent abuse of process. The petition was allowed, and the impugned orders were quashed.
Headnote
A) Criminal Procedure Code - Summoning of Additional Accused - Section 319 Cr.P.C. - Requirement of Strong Evidence - The power under Section 319 Cr.P.C. to summon additional accused can be exercised only if there is strong and cogent evidence against such person, not on mere suspicion or doubt. The court must be satisfied that the evidence warrants trial. (Paras 5-8) B) Criminal Procedure Code - Inherent Powers - Quashing of Proceedings - Section 482 Cr.P.C. - Abuse of Process - Where the order summoning additional accused is based on no evidence or is without jurisdiction, the High Court can quash such order under Section 482 Cr.P.C. to prevent abuse of process. (Paras 9-10)
Issue of Consideration
Whether the order passed under Section 319 of Cr.P.C. summoning the petitioners as additional accused was justified based on the evidence available.
Final Decision
The petition is allowed. The order dated 24.06.2017 in Criminal Revision Petition No. 47/2016 passed by the I Additional District and Sessions Judge, Bagalkot, and the order dated 26.05.2016 in C.C. No. 34/2012 passed by the Principal Senior Civil Judge and JMFC, Jamkhandi, are quashed.
Law Points
- Section 319 Cr.P.C. requires strong and cogent evidence for summoning additional accused
- mere suspicion insufficient
- power under Section 482 Cr.P.C. to quash orders without jurisdiction or based on no evidence
