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2006 Supreme(SC) 342

ARIJIT PASAYAT, S.H.KAPADIA
Lok Ram – Appellant
Versus
Nihal Singh – Respondent


Judgement Key Points
  • The power under Section 319 Cr.P.C. is an extraordinary, discretionary power that should be exercised sparingly and only for compelling reasons to add a person not previously accused to face trial with others. (!) (!)
  • The court may exercise Section 319 suo motu or on an application by someone, including an accused already before the court. (!)
  • The court should base the decision on evidence adduced in court, not solely on materials in the charge sheet or case diary; even a person named in the FIR but not charge sheeted can be added if evidence supports involvement. (!) (!)
  • The decision to add an additional accused must consider the stage of the trial, amount of evidence collected, and the time spent, ensuring a judicial and careful conspectus rather than a mechanical decision. (!) (!)
  • There is no compelling duty to add another person merely because some evidence implicates them; the court has to be satisfied of involvement based on evidence presented. (!)
  • The judgment cites Michael Machado v. CBI and Krishnappa v. State of Karnataka as authorities clarifying the proper scope and discretion under Section 319. (!) (!)
  • The High Court's direction to summon the appellant was upheld, with recognition that the trial court should complete the trial expeditiously. (!) (!)

How to exercise the power under Section 319 Cr.P.C. to add an additional accused suo motu or on an application?

What is the extent and limits of the court's discretion under Section 319 Cr.P.C. when adding a person not previously accused?

What factors should be considered by the court when deciding to summon an additional accused under Section 319 Cr.P.C.?


JUDGMENT

Arijit Pasayat, J.—Leave granted.

2. Appellant who has been directed to be impleaded as an accused in terms of Section 319 of the Code of Criminal Procedure, 1973 (in short the ‘Code’) challenges the order passed by learned Singh Judge of the Rajasthan High Court at Jodhpur.

3. Background facts are as under :

Respondent No.1-Nihal Singh’s daughters Saroj and Kanta were married to Ishwar Singh and Bhim Singh, both sons of Appellant, Lok Ram. Saroj died on 14.9.2001. On 2.9.2001, respondent Nihal Singh filed a complaint at the Police Station, Fatehabad (Haryana), alleging commission of offence punishable under Section 406 read with Section 34 of the Indian Penal Code, 1860 (in short the ‘IPC’) and moved an application for seizure of articles purported to have been given as dowry. In the complaint it was stated that on 14.9.2001 Saroj, daughter of complainant Nihal Singh died. When his nephew Mangal Singh went to meet Saroj he learnt that she had been killed by her husband Ishwar Singh, brother in law Bhim Singh and father in law-Lok Ram. Kerosene oil was poured on her and then she was set on fire. Police registered a case relating to offences punishable under Section 304(B) and
















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