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Criminal · Reportable judgment

Shankar vs The State of Uttar Pradesh & Ors.

Court
Supreme Court of India
Date
2 May 2024
Case No.
Criminal Appeal No. 2367 of 2024
Result
Allowed
Bench
Pamidighantam Sri Narasimha, Aravind Kumar
Citation
[2024] 6 S.C.R. 10 : 2024 INSC 366
Acts & Sections
CrPC
Supreme Court Reports [2024] 6 S.C.R. 10 : 2024 INSC 366
Issue for consideration
Whether there is sufficient material against the appellant prompting the trial court to pass a summoning order u/s. 319 Cr.P.C.
Headnote

Code of Criminal Procedure, 1973 – s. 319 – Summoning order u/s. 319 – Legality of – Appellants facing trial for offence u/s.

302 – Summoning order passed u/s. 319 by the trial court – High Court refused to quash the summoning order – Correctness: Held: Degree of satisfaction required to exercise power u/s. 319 is much stricter, considering that it is a discretionary and an extraordinary power – Only when the evidence is strong and reliable, the power can be exercised – It requires much stronger evidence than mere probability of his complicity – Appellants were named in the first information statement by the first informant despite not being an eyewitness to the offence, however, in the statement u/s. 161 Cr.P.C, first informant clarified that her family had a long-standing enmity with appellants’ family; that the names of appellants were written in the FIR falsely and without full information; and that the appellants were not involved in the murder of her son – Even in the charge sheet, the names of the appellants were not mentioned as accused – It is only in her deposition before the trial court the names of the accused resurfaced again – Almost a year later, the prosecution chose to file an application u/s. 319 – Change of circumstance which the prosecution seeks to contend on the basis of first informant’s deposition does not satisfy the requirement of s.

319 at all – First informant not being an eye-witness, her deposition not sufficient enough to invoke the extra-ordinary jurisdiction u/s. 319 to summon the appellants – No other witnesses deposed anything against the appellants – No documentary evidence collected against the appellants – Also no role attributed to the appellants – These factors when looked in a holistic manner, make it clear that the higher degree of satisfaction required for exercising power u/s. 319 not met with – Trial court erred in allowing the application u/s. 319 and issuing summons to the appellants – High Court having failed to quash the order of summons, the order passed by the trial court as also by the High Court set aside. [Paras 18-26]

Keywords: Sufficient material · Summoning order · Degree of satisfaction · Power u/s. 319 CrPC · Discretionary and an extra-ordinary power

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

Judgment 1. Leave granted. 2. The present appeals arise out of a decision of the High Court of Judicature at Allahabad dated 04.04.2023 in Application under Section 482 No. 30221 of 2017, whereby the High Court refused to quash a summoning order dated 24.08.2017 passed under Section 319 of the Cr.P.C. by the Additional District & Sessions Judge, Kanpur Dehat, where the Appellants herein were directed to face a trial for offence under Section 302 IPC. Both the Appellants being identically placed, their appeals are being dealt with together. 3. The issue that arises for our consideration is
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