Criminal Procedure Code, 1973
Section 319—Summoning of additional accused—Rejection of application by trial court reversed by High Court—Appeal—Crime registered under Sections 452, 294(b), 323 and 506(1) of IPC—High Court overturned the trial court order; and accordingly impleaded the appellants’ as accused person(s) in the underlying proceedings on the satisfaction of a prima-facie finding that materials on record i.e., (i) vague allegations emanating from the underlying complaint; (ii) the complainant’s statement under Section 161 of the CrPC; and (iii) the complainant’s examination-in-chief, are sufficient to proceed against the appellant(s)—Approach adopted by High Court was not in consonance with Apex Court’s opinion in Hardeep Singh v. State of Punjab, 2014 (3) SCC 92—Failure of High Court to appreciate that discretionary powers under Section 319 of the CrPC ought to have been used sparingly where circumstances of the case so warrant—Order of trial court was well reasoned and did not suffer from any perversity—Moreover, the materials on record could not be said to have satisfied the threshold envisaged under 2014 (3) SCC 92 i.e. 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—Impugned order set aside—Appeal allowed.
[Paras 9 & 10]