2017 (3) TMI 1883 - HC - Indian Laws

Power to proceed against other persons appearing to be guilty of offence - Summon of complainant as an accused person - deposition of the defence witnesses before the trial Court during trial when the basic ingredients of Section 319 Cr. P.C. is that such a proposed accused is required to be tried together with the accused already on trial - Section 319 of Code of Criminal Procedure, 1973 - HELD THAT - It is clear from the reading of Section 319 that the person sought to be summoned under Section 319 Cr. P.C. should be the person who could be tried along with already arraigned accused. Looking at the back at the case at hand, the petitioner- Ravinder Singh who is the complainant, it is absolutely clear that he cannot be tried along with already arraigned accused. The case could not fall within the parameters of Section 319 Cr. P.C. Petition allowed.

Summary

Issues:
1. Summoning the complainant as an accused under Section 319 of the Code of Criminal Procedure, 1973.

Analysis:
The judgment revolves around the revision petition challenging an order summoning the complainant as an accused under Section 319 Cr. P.C. The petitioner argued that the provision does not allow for a situation where the complainant can be made an accused at the end of a trial based on an application by the accused. The petitioner relied on Supreme Court decisions in Michael Machado and Hardeep Singh cases to support this argument.

The respondent, on the other hand, contended that there was evidence showing the complainant's complicity in the offense, justifying the trial court's decision to summon him as an accused. The court examined the facts of the case, where the accused had filed an application under Section 319 Cr. P.C. after the prosecution had completed its evidence and the accused had examined defense witnesses.

The court framed the key question of whether the complainant in the FIR could be summoned as an accused based on the deposition of defense witnesses during the trial. The court analyzed Section 319 Cr. P.C., emphasizing the phrase "together with the accused." Referring to the Michael Machado and Hardeep Singh cases, the court reiterated that a person summoned under Section 319 Cr. P.C. should be someone who could be tried along with the already arraigned accused.

In conclusion, the court held that the complainant, being the petitioner in this case, could not be tried along with the already arraigned accused. Therefore, the court allowed the petition, quashing the order summoning the complainant as an accused. The judgment provides a detailed analysis of the legal provisions and precedents to support the decision to set aside the summoning order.