Cognizance under Section 319 Cr.P.C. must be taken before the trial concludes, and failure to do so invalidates subsequent orders.

ORDER :

Ashok Kumar Jain, J.

1. Instant revision petition is preferred aggrieved from order dated 08.08.2019 in Sessions Case No.1/2012 passed by Additional Sessions Judge, Shahpura District Jaipur, whereby learned Trial Court has taken cognizance under Section 319 against the petitioner and summoned him through non-bailable warrant.

2. Learned counsel for petitioner while referring the judgment in case of Hardeep Singh Vs. State of Punjab: (2014) 3 SCC 92 and Sukhpal Singh Khaira Vs. State of Punjab: (2023) 1 SCC 289 would submitted that at the time of pronouncement of judgment in Sessions Case No. 1/2012, the Trial Court has taken cognizance against the petitioner and same is against the provisions of Section 319 Cr.P.C. He also submitted that the Trial Court after considering the evidence on record has simultaneously passed an order of acquittal in ongoing trial and cognizance against present petitioner. He submitted that at that stage, the trial has concluded therefore, the order of cognizance passed by the Trial Court is contrary to law. He specifically referred the judgment in case of Sukhpal Singh Khaira Vs. State of Punjab (supra) and submitted that if the Trial Court was of the view that there are enough grounds to proceed under Section 319 Cr.P.C., then the order is required to be passed before the pronouncement of original judgment, but in the instant case, the order was passed after the order of acquittal of other accused who faced the trial, therefore, the order of taking cognizance under Section 319 Cr.P.C. is liable to be set aside. He specifically referred the statement of witnesses PW2 to PW-4 and submitted that these were injured or eye-witnesses but from overall testimony of these witnesses, the involvement of present petitioner was not established. He also submitted that initially application under Section 319 Cr.P.C. was filed on 07.05.2012 which was disposed on 19.03.2014 but subsequent to aforesaid another application under Section 319 Cr.P.C. was filed and the Trial Court has disposed of this application along with main judgment on 08.08.2019, therefore, subsequent second application on same ground is prohibited and abuse of process of law.

3. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for respondent-complainant.

4. Learned counsel for respondent-complainant would submitted that after dismissal of first application more evidence was led before the Trial Court and after overall evidence, a fresh application was filed under Section 319 Cr.P.C. before the Trial Court but the Trial Court instead of deciding the application on the basis of material available on record had ruled that the application would be considered at the time of final adjudication. He further submitted that it was at the behest of the Trial Court that the application was disposed of with direction to consider the same at the time of final judgment. He also submitted that the Trial Court allowed the application with the same order of acquittal but not after the order of acquittal, thus the judgment in case of Sukhpal Singh Khaira Vs. State of Punjab (supra) is not applicable.

5. Heard learned counsels for the parties and learned Public Prosecutor. Perused the material available on record. Also perused the judgments as referred hereinabove.

6. Section 319 Cr.P.C. prescribes for power to proceed against other persons appearing to be guilty of offence which means during course of inquiry or trial, it appears from evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence, which he appears to have committed.

7. A perusal of record indicated that an FIR No. 164/2011 P.S. Viratnagar, District Jaipur Rural was registered by complainant-Madan Lal alleging inter alia involvement of Mahadev, Gorishanker, Jagdish, Moolram, Hanuman, Kailash, wives of Jagdish and Kailash, and mother of