Consumer Court Directs Amazon, Seller to Pay Rs.4.68 Lakh to Customer as Compensation  ||  MP HC: Pension is a Proprietary Right and Cannot be Withheld unless Grave Misconduct is Proved  ||  HP High Court: ITBP Constable Removal For Affair Disproportionate; Orders Compulsory Retirement  ||  Calcutta High Court: Trade Licence Not Required For Advocates’ Partnership Registration  ||  Supreme Court: Courts Cannot Compel Plaintiffs to Accept Compensation Instead of Injunctions  ||  Delhi HC: Saying “Maro Sale Ko” During a Fight Alone Does Not by Itself Establish Intent to Kill  ||  Delhi HC Ordered Removal of Fake News About Judges’ London Badminton Event, Restrained its Sharing  ||  Bombay HC: Calling Police over Routine Transfers or External Complaints is Misconduct  ||  Delhi HC Upheld EC’s Decision Banning Political Ads in the Delhi Metro During Model Code of Conduct  ||  Delhi HC: In the Telegram Case Entire Social Media Platforms Can Be Blocked U/S 69A of the IT Act    

Jitendra Nath Mishra vs. State Of Uttar Pradesh - (Supreme Court) (02 Jun 2023)

For exercise of the power under Section 319 of Cr. PC, the evidence on record must show the involvement of a person in the commission of a crime

MANU/SC/0641/2023

Criminal

Present appeal, by special leave, takes exception to an order of the High Court. The impugned order dismissed an appeal filed by the Appellant under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989 (‘1989 Act’). Under challenge in the appeal was a summoning order passed by the relevant Special Court under the 1989 Act, in exercise of power conferred on him by Section 319, Code of Criminal Procedure (‘CrPC’).

Section 319 of Cr. PC, which envisages a discretionary power, empowers the court holding a trial to proceed against any person not shown or mentioned as an accused if it appears from the evidence that such person has committed a crime for which he ought to be tried together with the accused who is facing trial. Such power can be exercised by the court qua a person who is not named in the FIR, or named in the FIR but not shown as an accused in the charge-sheet. Therefore, what is essential for exercise of the power under Section 319 of CrPC is that the evidence on record must show the involvement of a person in the commission of a crime and that the said person, who has not been arraigned as an accused, should face trial together with the accused already arraigned.

However, the court holding a trial, if it intends to exercise power conferred by Section 319 of CrPC, must not act mechanically merely on the ground that some evidence has come on record implicating the person sought to be summoned; its satisfaction preceding the order thereunder must be more than prima facie as formed at the stage of a charge being framed and short of satisfaction to an extent that the evidence, if unrebutted, would lead to conviction.

True it is, the Appellant was not named in the FIR; but, that by itself, cannot be held to be decisive. Once it is conceded that the appellant is a sibling of Dharmendra and he is named as one of the assailants, the material for forming the requisite satisfaction cannot be said to be non-existent. The Special Court formed the requisite satisfaction prior to summoning the appellant to face trial with another accused. The order of the Special Bench and the impugned order of the High Court affirming it cannot be faulted. Appeal dismissed.

Tags : SUMMONING ORDER   POWER   REQUISITE SATISFACTION  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved