Code of Criminal Procedure, 1973 – ss. 216/319 – Discretionary powers under – Exercise of, by the High Court – Application by the complainant u/s. 216/319 seeking the summoning of, and the impleadment of the appellants as accused persons in connection with the case u/ss. 452, 294(b), 323 and 506(1) IPC – Rejected by the trial court, however, allowed by the High Court – Correctness:
Held: Trial court’s order was well reasoned and did not suffer from any perversity – High Court impleaded the appellants’ as accused persons in the underlying proceedings on the satisfaction of a prima-facie finding that the materials on record sufficient to proceed against the appellants – High Court failed to appreciate that the discretionary powers u/s. 319 CrPC ought to have been used sparingly where circumstances of the case so warrant – Moreover, the materials on record could not be said to have satisfied the threshold envisaged, that more than a prima facie case, as exercised at the time of framing of charge but short of evidence that if left unrebutted would lead to conviction – Thus, the impugned order set aside. [Paras 9, 10, 11]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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