Supreme Court ruled that people not initially accused can’t demand a hearing before being summoned for trial, clarifying the procedure under Section 319 CrPC. Jamin and Akil will now face trial in a 2009 murder case.
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NEW DELHI: The Supreme Court of India said clearly on Thursday that if a person is not named as an accused in the chargesheet, the trial court is not required to listen to him before summoning him to face trial in a criminal case.
The bench of Justice J B Pardiwala and Justice Manoj Misra also mentioned that if the trial court refuses the application to summon someone, and if this decision is later reviewed by a high court, then the high court must give a chance to the proposed accused to explain their side.
The court discussed this matter in detail regarding Section 319 of the Code of Criminal Procedure (CrPC). This important law allows a court to add someone as an accused during a trial if it finds that this person, although not mentioned earlier, seems guilty.
The Supreme Court said clearly,
“Section 319 does not contemplate that a summoned person must be given an opportunity of being heard before being added as an accused to face the trial. A right of hearing would accrue only to a person who is already discharged in the very same proceeding prior to the commencement of the trial.”
Justice Pardiwala, who wrote the judgment, further clarified by saying,
“This is different from holding that a person who has been summoned as per Section 319 CrPC has a right of being heard in accordance with the principles of natural justice before being added as an accused to be tried along with the other accused. However, after the rejection of an application under Section 319, a right enures in favour of the proposed accused.”
The bench also added that if the high court is using its revisional power to consider such an application, it must legally allow the proposed accused person to speak before passing an order.
The Supreme Court gave this decision in a murder case from 2009 involving two people, Jamin and Akil. These two people were not initially named as accused by the police in the chargesheet but were later summoned after many years of legal disputes in both the trial court and the Allahabad High Court.
Originally, an FIR was registered in 2009 in Hardoi, Uttar Pradesh against five people—Irshad, Irfan, Abdul, Jamin, and Akil.
Police initially charged only Irshad and Irfan, and they continued investigating Abdul, Jamin, and Akil. At first, Abdul, Jamin, and Akil were not summoned to court.
The trial against Irshad and Irfan started, and in 2011 they were convicted and sentenced to life imprisonment.
During their trial, the complainant filed an application under Section 319 CrPC to also summon Abdul, Jamin, and Akil to face the trial.
The trial court in 2010 rejected this application, saying there was not enough evidence against these three persons.
But later, the Allahabad High Court directed the trial court to reconsider this application after hearing key witnesses again.
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After many legal battles, the Allahabad High Court in 2021 cancelled the earlier rejection and instructed the trial court to review the application under Section 319 once again.
Finally, in February 2024, the court in Hardoi allowed this application and summoned Jamin and Akil because Abdul had already passed away.
When Jamin and Akil challenged this decision again, the high court rejected their pleas. They then took their plea to the Supreme Court.
The Supreme Court also dismissed their plea, confirming clearly that Jamin and Akil must now face trial for their alleged involvement in the 2009 murder.
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