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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE ANIL KUMAR CHOUDHARY, J
Shyamlal Mahto, S/o Bodhan Mahto – Appellant
Versus
The State Of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
I.A. No.1192 of 2025
1. Heard the parties.
2. Learned counsel for the petitioner submits that this interlocutory application has been filed with a prayer to amend the writ petition by substituting the words ‘Article 226” as appearing in page no.1 of the writ petition under the heading ‘In the matter of’ with the words “Article 226 and Article 227” in the cause title.
3. The prayer is allowed.
4. Registry is directed to incorporate the word “and Article 227” after the word “Article 226” in the cause title of the writ petition with red ink.
5. This interlocutory application is disposed of accordingly.
W.P. (Cr.) No. 74 of 2025
1. Heard the parties.
2. This Writ Petition has been filed invoking the jurisdiction of this Court under Article 226 and Article 227 of the Constitution of India with a prayer for quashing the order dated 18.04.2024 passed by the learned Additional Sessions Judge-VI, Hazaribagh in S.T. Case No. 02 of 2020 arising out of Muffasil P.S. Case No. 141 of 2019, corresponding to G.R. Case No. 866 of 2019 involving the offences punishable under Section 302/34 of the Indian Penal Code, whereby and where under, the learned court below has summon
The trial court's power under Section 319 Cr.P.C. must be exercised before the pronouncement of conviction; any post-conviction summoning order is illegal.
Summoning of additional accused to face trial – If such a summoning order is passed, either after order of acquittal or imposing of sentence in conviction, same may not be sustainable.
The court held that the power under Section 319 Cr.P.C. must be exercised with strong evidence and cannot be invoked after the trial of co-accused has concluded.
The court affirmed that the power under Section 319 Cr.P.C. must be exercised before the conclusion of trial and sentencing, allowing for the summoning of additional accused based on evidence.
The court established that under Section 319 of the Cr.P.C., strong and cogent evidence is necessary to summon an additional accused, and mere witness testimony without corroboration is insufficient.
(1) Summoning of additional accused to face trial – Power of court to summon an accused based on evidence as contemplated under Section 319 of Cr.P.C. will have to be invoked and exercised before pro....
The power under Section 319 of Cr.P.C. is discretionary and should be exercised before the conclusion of the trial. The Court must find prima facie evidence against the proposed accused and follow th....
The High Court's revisional order allowing summoning of additional accused under Section 319 relates back to the original rejection date, permitting a fresh trial despite the main trial's conclusion.
When an order under challenge is not interlocutory in nature and is amenable to the revisional jurisdiction, then inherent jurisdiction under Section 482 Cr.P.C. could not be exercised.
(1) Summoning of additional accused to face trial – Power exercised under Section 190 of Cr.P.C. is quite distinct from power exercised by Trial Court/Sessions Court under Section 319 of Cr.P.C. – Po....
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