The Supreme Court has said that the power of summoning a person as accused during the trial should not be mechanically exercised by a court.
A bench of Justices Dipankar Datta and Pankaj Mithal said: "The court holding a trial, if it intends to exercise power conferred by Section 319, CrPC, must not act mechanically merely on the ground that some evidence has come on record implicating the person sought to be summoned."
The bench said that court's 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.
"What is essential for exercise of the power under Section 319, Cr PC 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," it said.
The bench said Section 319, CrPC, 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," said the bench.
The apex court dismissed a plea by a plea by Jitendra Nath Mishra against the Allahabad High Court's June 1, 2022 order, dismissing his petition to quash a summoning order issued by the special court in a case related to assault and abuse under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The trial court went by the deposition of the woman victim to summon the appellant.
The top court said: "We are of the view that any expression of ours while dealing with each and every point urged on behalf of the appellant could result in prejudgment; and thereby hinder a fair trial hence, adopting a cautious approach, we propose to restrict our consideration solely to the question as to whether the evidence adduced by the complainant and his wife in course of recording of their depositions did justify the Special Court to make the order it did."
Concluding the order, it said: "The Special Court is encouraged to expedite the trial. But, in the process, it shall proceed uninfluenced by reason of its order under Section 319, CrPC having been upheld by the High Court and this Court. The points raised on behalf of the appellant, recorded above, if raised before it as well as other points, if any, shall be given the consideration the same deserve."
Drugs valued at Rs 105 crore seized in Assam; 3 arrested
The Assam Police have seized drugs valued at Rs 105 crore along the inter-state border with Mizoram in Cachar district, an official said on Sunday, adding three persons were also arrested in this connection.
Human trafficking suspect wanted by NIA arrested in Tripura
The Tripura Police on Sunday arrested a human trafficking suspect who was on the 'wanted list' of the National Investigation Agency (NIA), an official said.
PM Modi 'deeply concerned' at Iran President's helicopter incidentv
Prime Minister Narendra Modi on Sunday expressed his "deep concern" at Iranian President Ebrahim Raisi's helicopter going missing after making a "hard landing" and prayed for his well-being.
PM Modi says 'this is Bharat's moment'; urges youth to 'dream big'
Prime Minister Narendra Modi, outlining the importance of ‘thinking big and thinking ahead of time’, on Sunday said that this is Bharat’s moment and we must not lose it.
Indian stock markets will break all records on June 4: PM Modi
Once the Lok Sabha election results are declared on June 4, the Indian stock markets will break all previous records, Prime Minister Narendra Modi said on Sunday.
AAP on streets to save accused, says Swati Maliwal
AAP Rajya Sabha member Swati Maliwal on Sunday while reflecting on the past 12 years since the horrific Nirbhaya case, said that 'they are now out on the streets to save the accused who made the CCTV footage disappear and formatted the phone'.
Captain Gopichand, five others set to fly to edge of space aboard Blue Origin mission
Captain Gopichand Thotakura, along with five others, is set to fly to the edge of space on Blue Origin's crewed flight mission on Sunday evening.
Air India Express flight's engine catches fire, makes emergency landing
The Air India Express flight from Bengaluru to Kochi had to make a full-scale emergency landing at Bangalore International Airport Limited (BIAL) due to a fire in one of its engines.