Case Note & Summary
The case involves two criminal revision applications filed against an order of the Sessions Judge, Nanded, dated 30.07.2018, rejecting an application under Section 319 of the Code of Criminal Procedure, 1973 (CrPC) filed by the prosecution in Sessions Case No.23 of 2018. The application sought to implead four persons—Ananda Uttam Potphole, Kailash Baburao Potphole, Shivhar Tukaram Potphole, and Sangram Hanmant Potphole—as additional accused. The original complainant, Ganpati Irappa Potphale, filed Criminal Revision Application No.205 of 2018, and the State of Maharashtra filed Criminal Revision Application No.235 of 2018, both challenging the rejection. The background is that the four proposed accused were initially arrested but later released under Section 169 CrPC by the investigating officer, who opined that there was no sufficient evidence against them. Subsequently, during the trial, two prosecution witnesses—Ganpati Irappa Potphole and Manika Irappa Potphole—deposed about the involvement of these four persons in the alleged crime. Based on this testimony, the prosecution moved an application under Section 319 CrPC to summon them as accused. The Sessions Judge rejected the application, holding that since the accused were released under Section 169 CrPC, they could not be impleaded under Section 319 CrPC. The legal issue before the High Court was whether a person released under Section 169 CrPC can be summoned under Section 319 CrPC, and the manner in which the power under Section 319 should be exercised. The High Court, after hearing arguments, held that the Sessions Judge erred in law. The court observed that release under Section 169 CrPC does not amount to acquittal and does not bar the court from exercising its power under Section 319 CrPC if evidence recorded during trial shows the involvement of such persons. The court emphasized that the power under Section 319 is discretionary and must be exercised based on the court's satisfaction from the evidence that the proposed accused appear to have committed the offence. The court set aside the impugned order and remanded the matter to the Sessions Judge to decide the application afresh, considering the evidence on record and applying the correct legal principles.
Headnote
A) Criminal Procedure - Impleadment of Accused - Section 319 CrPC - Power to Summon Additional Accused - The court examined whether persons released under Section 169 CrPC can be summoned under Section 319 CrPC. Held that the power under Section 319 can be exercised even against those released under Section 169, provided the court is satisfied from evidence that they appear to have committed the offence. The satisfaction must be based on evidence recorded during trial, not merely on the charge-sheet or police report. (Paras 1, 4-6) B) Criminal Procedure - Exercise of Power under Section 319 CrPC - Standard of Proof - The court clarified that the power under Section 319 is discretionary and must be exercised only when the evidence makes out a prima facie case against the proposed accused. The court must apply its mind to the evidence and record reasons. Mere naming in the FIR or charge-sheet is insufficient. (Paras 4-6) C) Criminal Procedure - Release under Section 169 CrPC - Effect on Subsequent Proceedings - Release under Section 169 does not amount to acquittal and does not bar the court from summoning the person under Section 319 if evidence surfaces during trial. The investigating officer's opinion is not binding on the court. (Paras 4-6)
Issue of Consideration
Whether an accused released under Section 169 of the Code of Criminal Procedure can be impleaded as an accused under Section 319 of the Code, and in what manner the powers under Section 319 are to be exercised.
Final Decision
The High Court allowed both revision applications, set aside the impugned order dated 30.07.2018, and remanded the matter to the Sessions Judge to decide the application under Section 319 CrPC afresh, in accordance with law and after considering the evidence on record.
Law Points
- Section 319 CrPC
- Section 169 CrPC
- power to summon additional accused
- satisfaction from evidence
- impleadment of released accused
