Back
SUPREME COURT OF INDIA
L. Nageswara Rao, M.R. Shah, JJ.
Rajesh & Ors. – Appellants
Versus
State of Haryana – Respondents
Criminal Appeal No. 813 of 2019, Arising Out of SLP (Crl.) No. 1189 of 2019
Decided On : 01-05-2019
(B) Criminal Procedure Code, 1973 – Section 319 – Summoning of additional accused to face trial – Appellants were named in FIR – However, they were not shown as accused in challan/charge-sheet – Nothing is on record whether at any point of time complainant was given opportunity to submit protest application against non-filing of charge-sheet against appellants – Persons against whom no charge-sheet is filed can be summoned to face trial – No reason to interfere with impugned judgment and order passed by High Court confirming order passed by Magistrate summoning accused-appellants to face trial in exercise of power under Section 319 of Cr.P.C. – Appeal dismissed. (Paras 8, 9 and 10)
Facts of Case:
By impugned judgment and order passed by High Court of Punjab & Haryana at Chandigarh in Criminal Revision by which High Court has dismissed revision petition preferred by appellants and has confirmed order passed by Trial Court, by which appellants were summoned under Section 319, Cr.P.C. to face trial for offences under Sections 148, 149, 323, 324, 325, 302, 307 and 506 of IPC, appellants have preferred present appeal. Short question posed for the consideration of this Court is whether, in facts and circumstances of case, Trial Court was justified in summoning appellants herein to face trial in exercise of powers under Section 319 of Cr.P.C.
Findings of Court:
There is nothing is on record whether at any point of time complainant was given an opportunity to submit protest application against non-filing of charge-sheet against appellants. no error has been committed by Courts below to summon appellants to face trial in exercise of power under Section 319 of the Cr.P.C.
Result : Appeal dismissed.
JUDGMENT :
M. R. Shah, J.
1. Leave granted.
2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 19.12.2018 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Revision – CRR No. 521 of 2018 by which the High Court has dismissed the said revision petition preferred by the appellants herein and has confirmed the order dated 28.10.2017 passed by the learned Trial Court, by which the appellants herein were summoned to face the trial for the offences under Sections 148, 149, 323, 324, 325, 302, 307 and 506 of the IPC, the appellants herein have preferred the present appeal.
3. The facts leading to the present appeal in nutshell are as under:
That one Hukum Singh lodged one FIR No. 180 on 12.06.2016 at Police Station Sadar, Panipat against ten accused, including the appellants herein for the offences under Sections 148, 149, 323, 324, 325, 302, 307 and 506 of the IPC. It was alleged that on 12.06.2016 at about 1.30 pm, he along with his son Bhajji and Hari son of Parkash were going from Panipat to his village Chhajpur Khurd on his tractor. His son had parked his motorcycle in front of the shop of Nande at bus stand. Therefore, his son Bhajji and Hari son of Parkash alighted from the tractor to pick up the motorcycle. When his son picked up the motorcycle, in the meantime, Sunil son of Jagpal came on Splendor motorcycle. Ravit son of Ramesh and Vicky son of Jaswant were sitting on pillion behind him on motorcycle. Sheela son of Paras was on his motorcycle Pulsar and Sumit son of Jagdish, Rinku son of Rai Singh were sitting behind him on his motorcycle. Sunder son of Om Singh was on motorcycle Bullet and Rajesh son of Prem and Sanjay son of Bishni were sitting behind him on the said motorcycle. Ankush son of Rajinder was on his motorcycle make Splendor and Jagdish son of Devi Singh and Tejpal son of Nar Singh were sitting behind him. Joni son of Sahab Singh was on his motorcycle Bullet and Sachin son of Khilla was sitting behind him. They were armed with swards, pistols, hockeys, iron bars and gandasi etc. They attacked his son Bhajji and Hari son of Parkash. Ravit son of Ramesh was armed with a hockey, Vicky son of Jaswant was armed with wooden baton, Sheela son of Paras was armed with gandasi. Sumit son of Jagdish was armed with pistol, Rinky son of Rai Singh was armed with iron bar, Sunder son of Om Singh was armed with wooden baton, Rajesh son of Prem was armed with sword, Jagdish son of Devi Singh was armed with lathi, Tejpal son of Nar Singh was armed with iron bar, Joni son of Sahab Singh was armed with wooden handle of spade, Sachin son of Ruhla Ram was armed with sword and Joginder son of Sahi Ram was having gandasi with him. Rajesh son of Prem exhorted to kill both of them because they were pressing hard for their ejectment from panchayat land. Pursuant to exhortation, accused inflicted injuries to his son and Hari son of Parkash with their respective weapons. When he raised alarm, accused sped away on their motorcycles threatening to kill them in case any action is taken against them. In the meantime, his brother Mahender came there and they removed both the injured to Prem Hospital where Hari son of Parkash succumbed to his injuries on 14.06.2016 during treatment.
3.1 That all the accused named in the FIR were arrested. The Investigating Officer conducted the investigation and found ten persons involved in the said incident. However, the Investigating Officer found that the appellants herein (six in numbers) were not present at the site of incident. That the Investigating Officer submitted his report under Section 173(2) of the CrPC against four accused only. That, thereafter the Investigating Agency conducted further investigation by Jagdeep Singh HPS, DSP, Panipat. It appears that a report under Section 173(8) of the CrPC was also submitted. According to the Investigating Officer, on the date of the commission of the offence the appellants herein were not present at the place of
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
