AI Overview...
Can Discharged Accused of the Same Case be Summoned as Witness against Other Co-Accused?
Keywords and Main Points
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Summoning of Additional Accused - Under Section 319 Cr.P.C., a person can be summoned as an additional accused even if not initially charge-sheeted or formally charged (00500021745, 02500085273). The court's power to summon an individual does not require prior cross-examination or a categorical finding that the person may be convicted; the court must be satisfied that the person may be involved in the offence.
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Discharged Accused as Witness - Discharge of an accused does not bar them from being summoned as a witness against co-accused. Several cases indicate that once discharged (not necessarily acquitted), a person can still be summoned as a witness in the same case, especially if their testimony is relevant (00500021745, 00500006100, 02500085273).
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Legal Status of Discharged Accused - Discharge typically implies insufficient evidence to proceed against the accused, but it does not equate to a legal bar from being a witness. The court may summon discharged accused as witnesses if their testimony is necessary for the case against others.
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Procedural Requirements - No requirement exists for cross-examination of witnesses before summoning an accused as a witness under Section 319 Cr.P.C. The court exercises its discretion based on the relevance and necessity of the testimony (02500085273, 02500077784).
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Case Law Insights:
- The courts have clarified that discharged accused can be summoned as witnesses, and their discharge does not prevent their testimony being taken (00500021745, 02500085273).
- Summoning is based on the court's satisfaction regarding the relevance of the testimony, not on the discharge status (02500085273, 02500077784).
- The procedure does not require prior cross-examination or a conviction likelihood before summoning an accused as a witness (02500085273, 02500077784).
Analysis and Conclusion
Discharged accused persons can be summoned as witnesses against other co-accused in the same case. Their discharge from the case does not preclude their role as witnesses, especially if their testimony is pertinent to the case. The legal framework under Section 319 Cr.P.C. empowers courts to summon any person, including those discharged, if their involvement or testimony is relevant, without the necessity of cross-examination or a prior finding that they may be convicted.
In summary: - Discharged accused are not barred from being summoned as witnesses. - The court's discretion under Section 319 Cr.P.C. allows summoning discharged accused if their testimony is relevant. - Procedural safeguards like cross-examination are not mandatory before summoning under this section.
References: - Tara VS State of U. P. - Crimes - Ajay Jain VS Purshottam Nath Jain & Sons (Huf) - Delhi - Ajay Jain VS Purshottam Nath Jain - Dishonour Of Cheque - Mithu Singh VS Harbans Kaur - Crimes - Surinder Gupta VS D. P. Goel - Punjab and Haryana - BHARGHAVI AMMA VS RAVINDRAN NAIR - Kerala - Sukkha VS State - Rajasthan - Rajesh Yadav VS State of U. P. - Allahabad - VINOD (MINOR) VS STATE OF U. P. - Allahabad - VIKAS VS STATE OF U. P. - Allahabad
Search Results for "Can Discharged Accused of same Case be Summoned as Witness against other Co Accused"
• India - Crimes
AMAR SARAN
six accused were summoned—Their non-summoning at best could be described as complaint dismissed u/s 203 Cr.P.C. and not a discharge ... and then discharged—There is no legal bar in summoning a person as additional accused though he was not charge-sheeted or as a complaint ... Criminal Procedure Code, 1973—Section 319—Summoning of additional accused—Person summoned as ad....
2013 0 Supreme(Del) 156 • India - Delhi
PRATIBHA RANI
The petitioner filed a revision petition challenging the trial court's order dismissing the application to resummon a defence witness ... NI Act - Procedure under CrPC - Section 143, Section 262, Section 263, Section 254 CrPC - Summary trial procedure not followed - Accused ... The trial court's procedure rendered the accused virtually defenceless, prompting the petitioner to seek relief under Section 482 ... the accused i....
• India - Dishonour Of Cheque
Pratibha Rani
of application for re-summoning defence witness—Requirement to hear accused is for the purpose to ask accused what he has to say ... and examine witnesses whom accused wanted to produce in his defence—If Trial Court was of the view that witness was formal pertaining ... witness was to be examined and then could have recorded statement—This is a fit case for exercise of ....
• India - Crimes
J.S.SEKHON
summoned for offences under on a private complaint - Deceased was last seen by a witness in the company of petitioner & his two ... co-accused - Dead body of deceased recovered from a well in the area where they were seen - A case was registered by the police also ... In which petitioner was discharged by the court of Magistrate - Ground for discharge, however, was that complaint filed b....
1997 0 Supreme(P&H) 1170 • India - Punjab and Haryana
M.L.SINGHAL
The accused was discharged by the Magistrate. ... The court also held that the complainant's husband did not enter the witness box to state that he was threatened by the accused and ... CRIMINAL INTIMIDATION - SECTION 503 IPC - THREAT - ABSENCE OF ALARM - DISCHARGE OF ACCUSED - JUSTIFIED. ... Vide the impugned order, the Magistrate discharged the accused#HL_EN....
1979 0 Supreme(Ker) 59 • India - Kerala
V.P.GOPALAN NAMBIYAR, V.BALAKRISHNA ERADI, GEORGE VADAKKEL
The accused were discharged under S.227 of the Code as there was no evidence to show that the accused committed the alleged offences ... to discharge them if the judge considers that there is no sufficient ground for proceeding against the accused. ... Criminal Procedure Code - Discharge of Accused - S.200, S.202, S.203, S.226, S.227, S.228 - The court discussed the dis....
1956 0 Supreme(Raj) 287 • India - Rajasthan
BHANDARI, RANAWAT
C, sec. 509—Deposition of medical witness may be given in evidence. ... The witness was, therefore, discharged. ... ... In that case the medical witness was summoned and he appeared before the court at the trial. ... by recording the same opinion over again even if the witness is summoned again.
2016 0 Supreme(All) 2777 • India - Allahabad
VIJAY LAKSHMI
Finding of the Court: The court dismissed the revision, stating that the revisionist had been rightly summoned based ... . - Summoning of Additional Accused - The court dismissed the revision against the summoning of the revisionist to face trial for ... extent of Section 319 Cr.P.C., and held that summoning an additional accused does not require cross-examination of witnesses or ... No.2, under Section 319 Cr.P.C. and has summo....
2016 0 Supreme(All) 1200 • India - Allahabad
VIJAY LAKSHMI
is required before summoning an additional accused under Section 319 Cr.P.C., nor any categorical finding to affect that in all ... Procedure Code, 1973—Section 319—(Indian) Penal Code, 1860—Sections 452, 376 and 506—Summoning order—Neither cross-examination of witness ... likelihood person summoned may be convicted, is necessary before exercising such power and degree of satisfaction that will be required ... Whether the power under Sectio....
2016 0 Supreme(All) 571 • India - Allahabad
VIJAY LAKSHMI
accused under Section 319 Cr. ... Criminal Procedure Code, 1973—Section 319—Summoning order—Neither cross-examination of witness is required before summoning an additional ... P.C., nor any categorical finding to effect that in all likelihood person summoned may be convicted, is necessarily before exercising ... Whether the power under Section 319 (1) Cr.P.C. can be exercised only if the Court is satisfied that the accused....
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