AI Overview...
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Section 319 CrPC - Summoning Power: Section 319 of the Criminal Procedure Code (CrPC) grants courts the authority to summon an individual as an accused if there is sufficient evidence against them, based on witness statements or other evidence adduced during trial. The court can summon additional accused persons if the evidence justifies it, but such summons are not to be issued lightly or prematurely. Ansar & Ors. VS State of U. P. & Anr. - Allahabad, Shyam Sunder and another VS State of U. P. and another - Allahabad, Vinay Pratap Singh VS State Of U. P. - Allahabad
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Criteria for Summoning: The summoning under Section 319 depends on the evidence available during trial, primarily witness depositions. The evidence must be sufficient to satisfy the court that the person in question is likely involved in the offense. The court cannot rely solely on suspicion or material outside the evidence recorded during trial. NAVEEN KUMAR RAMPAL Vs. STATE - Rajasthan, Ansar & Ors. VS State of U. P. & Anr. - Allahabad, Shyam Sunder and another VS State of U. P. and another - Allahabad
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Procedural Aspects & Limitations:
- An affidavit is generally not mandatory for summoning unless specifically required.
- Summoning is not a substitute for framing charges or discharge orders; a discharged person cannot be summoned under Section 319.
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Summoning an accused prematurely, based solely on initial statements or without proper evidence, can be challenged and may be deemed invalid. Kamdhenu Ispat Ltd. VS V. V. K. Agencies - Dishonour Of Cheque, Biplab Mitra VS State of West Bengal - Calcutta, Santosh VS State of Uttarakhand - Uttarakhand
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Revision and Judicial Review:
- Orders summoning individuals can be challenged via revision petitions if they are found to be unjustified or contrary to law.
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Courts have emphasized that only evidence recorded during trial can justify the summoning of additional accused, and unauthenticated material or suspicion is insufficient. Ansar & Ors. VS State of U. P. & Anr. - Allahabad, Rajol and Others VS State of U. P. and Another - Allahabad, Guru Kumar Varma VS Chandra Bhan Jain - Allahabad
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Legal Insights:
- The purpose of Section 319 is to ensure justice by summoning persons who are reasonably suspected to be involved, but it must be exercised judiciously.
- Courts have clarified that the power is not to be used as a tool for fishing expeditions or based on unsubstantiated allegations.
- The order of summoning must align with the evidence and the principles of natural justice, including the opportunity for the accused to cross-examine witnesses. Ansar & Ors. VS State of U. P. & Anr. - Allahabad, Guru Kumar Varma VS Chandra Bhan Jain - Allahabad, Biplab Mitra VS State of West Bengal - Calcutta
Analysis and Conclusion
Section 319 CrPC is a crucial provision enabling courts to summon additional accused persons based on evidence presented during trial. Its exercise must be grounded in sufficient, recorded evidence, and not on suspicion or extraneous material. Judicial scrutiny ensures that summons are justified, preventing misuse of the provision. Proper adherence to procedural requirements and evidence standards is essential to uphold the fairness of criminal proceedings.
Search Results for "319 Crpc Summoning"
2010 0 Supreme(All) 1796 • India - Allahabad
SHRI KANT TRIPATHI
Section 319 CrPC - Summoning Order - [CRIMINAL PROCEDURE CODE] - [Section 319] Fact of the Case: The revisionists ... challenged the summoning order passed by the trial court under section 319 CrPC, summoning them to face trial for various offences ... Issues: The main issue was whether the summoning order under section 319 CrPC was justified based on the evidence adduced. ... ....
2024 Supreme(Online)(RAJ) 29451 • India - High Court of Rajasthan (Jaipur Bench)
MR. JUSTICE MAHENDAR KUMAR GOYAL, J
(A) Code of Criminal Procedure, 1973 - Section 319 - Criminal revision petition against order of learned trial Court summoning the ... CrPC - Court clarified that only evidence recorded during trial can be considered for summoning additional accused, and not material ... ... Ratio Decidendi: The court ruled that the absence of allegations against the petitioner in witness depositions rendered the summoning ... Since, no evidence has surfaced during trial to warrant summoning....
1997 0 Supreme(P&H) 220 • India - Punjab and Haryana
S.S.SUDHALKAR
Relationship - Section 201 IPC - Evidence - Section 319 CrPC - Summoning of Accused - Charge - Discharge - Revision Petition ... - SUMMONING OF ACCUSED - CHARGE - DISCHARGE - REVISION PETITION - HEADNOTE : Dowry Death - Section 304-B IPC - Relative - Illicit ... CRIMINAL LAW - DOWRY DEATH - SECTION 304-B IPC - RELATIVE - ILLEGAL RELATIONSHIP - SECTION 201 IPC - EVIDENCE - SECTION 319 CRPC ... However, it will be proper to make it clear that rejection of this petition shall not come in....
• India - Dishonour Of Cheque
PARAMJEET SINGH
no.2 — Moved application under Section 319 CrPC — For summoning additional accused — HELD — Rightly dismissed by trial Court with ... observation that the very purpose of Section 319 CrPC summoning of additional accused — Not substitution of existing accused. ... [Paras 8 & 11] ... (ii) Criminal Procedure Code, 1973 ... When the complainant realized that cheque in dispute had no connection with respondent no.2, he moved application under Section 319 ....
2010 0 Supreme(All) 1960 • India - Allahabad
SHRI KANT TRIPATHI
Section 319 CrPC - Summoning Order - 302/34 IPC - 1, 319, 227, 482 CrPC Fact of the Case: The petitioners were summoned ... Issues: The issues revolved around the satisfaction of evidence for summoning under section 319 CrPC, the necessity of cross-examination ... before invoking section 319, and the standard of evidence required for summoning an additional accused. ... In this view of the matter, there is no com....
1983 0 Supreme(All) 338 • India - Allahabad
M.WAHAJUDDIN
Section 319 CrPC - Summoning of Accused - The court rejected the application to summon a person under Section 319 CrPC, stating ... Issues: Summoning of accused under Section 319 CrPC, requirement of affidavit for summoning Ratio Decidendi: The court ... that the person in question was considered an accused from the beginning and that an affidavit was not necessary for summoning the ... IT is urged that actually s....
2010 0 Supreme(All) 1792 • India - Allahabad
SHRI KANT TRIPATHI
Section 319 CrPC - Summoning Order - [CRIMINAL PROCEDURE CODE] - [Section 319] Fact of the Case: The petitioners ... Issues: The issues revolved around the sufficiency of evidence for summoning under section 319 CrPC and the necessity of specific ... The lower court relied on witness statements to pass the summoning order. ... In this view of the matter, there is no compulsion to get part or full cross-examination of the witnesses....
2012 0 Supreme(UK) 595 • India - Uttarakhand
SERVESH KUMAR GUPTA
Section 319 CrPC - Summoning of Accused - Premature Order Fact of the Case: The applicant was summoned as an accused ... Issues: Premature summoning of the accused under Section 319 CrPC based solely on the examination-in-chief of the informant ... an accused under Section 319 CrPC. ... Learned Counsel argued that the court below has erred in summoning the applicant under Section 319 CrPC just a....
2009 0 Supreme(Cal) 566 • India - Calcutta
PARTHA SAKHA DATTA
SECTION 319 CRPC - SUMMONING DISCHARGED ACCUSED - SCOPE - COURT ANALYSIS AND CONCLUSION - The court held that a person discharged ... Therefore, the order under Section 319 of the CrPC summoning the two petitioners does not appear to be in consonance with the law ... under Section 227 of the CrPC cannot be summoned under Section 319 of the CrPC, as the discharge under Section 227 is final and ... Viewed in this light the order under....
• India - Allahabad
RAJ BEER SINGH
Section 319 CrPC - Summoning of Accused - 319 - Summary of Acts and Sections: Section 319 CrPC - Power to ... 319 CrPC. ... 319 CrPC. ... Such cognizance can be taken under Section 193 Cr.P.C. and the Sessions Judge need not wait till 'evidence' under Section 319 Cr.P.C. becomes available for summoning an additional accused. ... The standard of....
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