Exercise Section 319 CrPC with caution: Karnataka HC to criminal courts
Judge has to satisfy himself that stronger evidence exists for taking such action.
BENGALURU: The Karnataka High Court has said that whenever a person is sought to be summoned as an additional accused in terms of Section 319, Cr.P.C., not only prior notice calling upon him to show cause is to be issued as to why he/she should not be made accused, but also the judge dealing with the case has to take extra caution to satisfy himself/herself that a stronger evidence exists as the basis for taking such action.
Justice A.V. Chandrashekara, in an order dated March 30, while allowing a criminal revision petition, has made it clear, observing, “Suffice to state that it is always incumbent upon criminal courts to issue prior notice to a person calling upon him or her to show cause as to why he/she should not be made an additional accused.
Only on giving an opportunity of being heard, a suitable order should be passed. If the order is passed summoning a particular person in terms of Section 319, Cr.P.C. without giving prior notice, such an order would not withstand the legal scrutiny. Hence all criminal courts are expected to keep in mind this aspect of the matter as explained by the Supreme Court in the case of Jogendra Yadav.”
The court passed the order following the criminal revision petition filed by Asha and three others questioning the order of the criminal court/trial court summoning them in a case, as additional accused, asking them to appear before the court to trial for the offences.
The advocate, for the petitioner, had argued that without issuing prior notice, the trial court is not justified in issuing summons against these petitioners to be roped in as accused.
The high court which has set aside the order of trial court summoning Asha, and others, has issued directions to the judge to issue prior notice to the petitioners herein calling upon them to show cause as to why they should not be made accused.
Only after giving a reasonable opportunity of being heard, a suitable order has to be passed, keeping in mind the observations made by the Supreme court in the Constitutional Bench in the cases of Hardeep Singh, and Jogendra Yadav, the court said. It has also directed the High Court Registry to circulate a copy of its order to all the courts for reference, at the earliest.