IMPORTANT POINT
Summoning of additional accused to face trial – What is essential for exercise of power under Section 319, Cr. PC is that evidence on record must show involvement of a person in commission of a crime and that the person who has not been arraigned as accused, should face trial together with accused already arraigned.

JUDGMENT

Dipankar Datta, J.

1. This appeal, by special leave, takes exception to an order dated 1st June, 2022 of the Allahabad 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 (hereafter ‘1989 Act’). Under challenge in the appeal was a summoning order dated 16th October, 2021 passed by the relevant Special Court under the 1989 Act, in exercise of power conferred on him by Section 319, Code of Criminal Procedure (hereafter, ‘Cr. PC’).

2. A First Information Report (hereafter ‘FIR’) came to be registered by the Khalilabad Police Station, District Sant Kabir Nagar, under Sections 419, 420, 323, 406 and 506, Indian Penal Code and 3(1)(r) & (s) of the 1989 Act on the basis of information furnished by the complainant. Accusations were levelled against (1) Dharmendra Nath Mishra (hereafter ‘Dharmendra’); (2) brother of Dharmendra; and (3) an ‘unknown person’ of having assaulted and abused the complainant and his wife, amounting to commission of offences punishable under the aforesaid provisions. Investigation of the FIR culminated in a charge-sheet under Section 173(2) of the Cr. PC being filed, wherein Dharmendra was shown as the sole accused. The Special Court constituted under the 1989 Act took cognisance of the offence and framed charges against Dharmendra, whereafter the trial commenced. In course thereof, the complainant and his wife deposed as PW-1 & PW-2 respectively. According to them, Dharmendra and the appellant together with an unknown person had assaulted them apart from hurling caste related abuses.

3. At this stage, the Special Court passed the order dated 16.10.2021 summoning the appellant for trial along with Dharmendra for offences punishable under Sections 323, 504 and 506, IPC and 3(1)(r) & (s) of the 1989 Act. The said order dated 16th October, 2021 was unsuccessfully challenged by the appellant before the High Court which, by its order dated 1st June, 2022, dismissed the appeal of the appellant under Section 14A(1) of the 1989 Act as noted above.

4. Mr. Pandey, learned counsel appearing for the appellant contended as follows:

(i) The FIR is grossly delayed. Although the incident of assault and abuse giving rise to the FIR allegedly happened on 30th September, 2017, the complainant lodged the complaint as late as on 28th February, 2018. There is no cogent explanation for such belated lodging of complaint and this is an indicator that the contents of the FIR are absolutely false.

(ii) There are material contradictions in the versions of PW-1 & PW- 2. While PW-1 deposed that Dharmendra, his brother (i.e., the appellant) and an unknown person were travelling in a car when they stopped PW-1 and his family members whereafter the alleged incident of assault and abuse took place, PW-2 deposed that the accused persons (Dharmendra, the appellant and an unknown person) arrived at the place of occurrence riding two motorcycles. Therefore, the depositions of PW-1 & PW-2 are absolutely unreliable and untrustworthy.

(iii) It is to be found in the versions of PW-1 & PW-2 that since 2015, they personally knew the appellant; hence, not naming the appellant in the FIR and instead disclosing that the brother of Dharmendra too had involved himself in the alleged assault and abuse and taking the name of the appellant as a co-accused only in course of recording of evidence is a clear embellishment, which has been made with a view to harass the appellant by dragging him to face an unnecessary trial.

(iv) The appellant and Dharmendra are siblings no doubt; but they have three other siblings. If indeed the appellant was one of several co-accused, it defies reason as to why the complainant knowing the appellant quite well would not name him and vaguely allege that the brother of Dharmendra too had assaulted and abused the complainant.

(v) Falsity of the versions of PW-1 & PW-2 would be manifest if one were to read their