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Criminal · Reportable judgment

N. Manogar & Anr. vs The Inspector of Police & Ors.

Court
Supreme Court of India
Date
16 February 2024
Case No.
CRIMINAL APPEAL No. 1333/2024
Result
Allowed
Bench
Vikram Nath, Satish Chandra Sharma
Citation
[2024] 2 S.C.R. 685 : 2024 INSC 130
Acts & Sections
CrPC IPC
Supreme Court Reports [2024] 2 S.C.R. 685 : 2024 INSC 130
Issue for consideration
Whether the High Court was justified in setting aside the order passed by the trial court whereunder, the trial court rejected the application filed by the complainant u/s. 216/319 CrPC 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.
Headnote

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]

Keywords: Discretionary powers · Approach adopted by the High Court · Summoning · Impleadment · Reasoned order · Perversity · Primafacie finding

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.

Full Judgment Text

Order 1. Leave granted. 2. The present appeal has been filed by the Appellant(s) assailing the correctness of a decision of the Madras High Court (the “High Court”) dated 13.09.2021, setting aside an order dated 24.10.2019 passed by the Ld. XIV Metropolitan Magistrate, Egmore, Chennai (the “Trial Court”) whereunder, the Trial Court rejected the application instituted by the Complainant under Section 216 read with Section 319 of the Code of Criminal Procedure, 1973 (the “CrPC”) seeking (i) the summoning of; and (ii) the impleadment of the Appellant(s) as accused person(s) in connection with
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