Case Note & Summary
The petitioners, arrayed as additional accused nos. 3 to 6 in S.C. No. 2/2013, filed a criminal revision petition under Section 397 Cr.P.C. challenging the order dated 08.02.2016 passed by the VIII Additional District and Sessions Judge, Bangalore Rural District, Bangalore, which issued summons to them under Section 319 Cr.P.C. The respondent police had filed a charge sheet against accused nos. 1 and 2 for offences punishable under Sections 498A and 304B of the Indian Penal Code, 1860 (IPC) relating to dowry death. The petitioners contended that there were no specific allegations against them in the charge sheet and that the trial court erred in summoning them without any prima facie material. The High Court, after hearing the learned counsel for the petitioners and the learned HCGP for the State, held that the order summoning the petitioners was passed without application of mind and without any material to show their involvement. The court observed that the charge sheet did not contain any overt acts attributed to the petitioners, and mere relationship with the main accused is not sufficient to attract Section 319 Cr.P.C. The court set aside the impugned order and quashed the summons issued against the petitioners.
Headnote
A) Criminal Procedure Code - Summoning of Additional Accused - Section 319 Cr.P.C. - Requirement of Prima Facie Case - The trial court summoned petitioners as additional accused under Section 319 Cr.P.C. without any specific allegations in the charge sheet against them. Held that summoning under Section 319 Cr.P.C. requires a strong possibility of conviction based on evidence, and mere suspicion is insufficient. The order was set aside. (Paras 2-5) B) Dowry Death - Section 304B IPC - Ingredients - The charge sheet against accused 1 and 2 for dowry death did not contain any overt acts against the petitioners. Held that without specific allegations of demand of dowry or cruelty, petitioners cannot be summoned. (Paras 2-4)
Issue of Consideration
Whether the trial court was justified in issuing summons to the petitioners as additional accused under Section 319 Cr.P.C. without there being any prima facie material against them in the charge sheet.
Final Decision
The High Court allowed the criminal revision petition, set aside the order dated 08.02.2016 passed in S.C. No. 2/2013, and quashed the summons issued against the petitioners.
Law Points
- Section 319 Cr.P.C. requires strong possibility of conviction based on evidence
- not mere suspicion
- Additional accused cannot be summoned without prima facie case
- Charge sheet must disclose specific allegations against each accused.
