Code of Criminal Procedure, 1973 – s.319 – Power to proceed against other persons appearing to be guilty of offence – Murder of the appellant-informant’s brother, political rivalry alleged – FIR filed – SIT set up, no evidence found against the private respondents – Trial Court issued summons to the private respondents – High Court set aside the summons issued – Interference with:
Held: Though, the SIT found no evidence against the private respondents however, this by itself puts no fetters on the powers conferred u/s.319 – Moreover, eye-witnesses named the private respondents as persons present on the site of occurrence – Absolving the private respondents based on the SIT’s findings alone is not in the interests of justice – A case is made out to summon the private respondents – On facts, discretion exercised by the Trial Court neither capricious, nor arbitrary or mechanical – Impugned order set aside – Trial Court to issue fresh summons. [Paras 16-18] Code of Criminal Procedure, 1973 – s.319 – Power to proceed against other persons appearing to be guilty of offence – Exercise of – Scope and ambit, discussed. [Paras 11-15]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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