The ambit and scope of the powers of the Magistrate under Section 319 of the Code: High court of Allahabad

Petitioner seek a direction to the respondent to recall of witness power to be invoked to meet the ends of justice for strong and valid reasons with cautions and circumspection, and the same issue was held in the judgement passed by a single bench judge Hon’ble Dr Yogendra Kumar Srivastava, J. In the matter, Mishri Lal V/s  State of U.P. and Another [CRIMINAL REVISION No. – 3260 of 202] dealt with an issue mentioned above.

The present criminal revision has been filed seeking to set aside the judgement and order dated 17.11.2021 passed by Additional Sessions Judge, Court No. 1, Mainpuri in Session Trial No. 316 of 2014 (State vs. Anoj Kumar), under Sections 307, 504 I.P.C., Police Station-Kishni, District-Mainpuri, arising out of Case Crime No. 266 of 2014, on the application of the opposite party no.2 filed under Section 319 of the Code of Criminal Procedure, 19731.

The power to proceed against persons named in FIR with specific allegations against them, but not charge-sheeted, was reiterated in Rajesh and others Vs. The state of Haryana,4 and it was held that persons named in the FIR but not implicated in charge sheet can be summoned to face trial, provided during the trial some evidence surfaces against the proposed accused.

The court perused the facts and arguments presented in the case  The power under Section 319 of the Code to summon even those persons who are not named in the charge-sheet to appear and face trial, being unquestionable and the object of the provision being not to allow a person who deserves to be tried to go scotfree by being not arraigned in the trial in spite of the possibility of his complicity which can be gathered from the evidence during the course of the trial, the order passed under Section 319 of the Code summoning the revisionist does not contain any material error so as to warrant inference.

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Judgment reviewed by Sakshi Mishra

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