Ranbir Singh vs State of Haryana

J.B. Garg, J.

In a case arising out of FIR No. 256 of 25.12.90 of Police Station, Sadar, Jind, for offence under section 302/201/34 IPC, challan was presented against Prem Singh and four others. After the case was committed, the learned Additional Sessions Judge, Jind, has summoned two more accused namely Ranbir Singh and Rameshwar on 21.1.92 on an application moved by Public Prosecutor. Aggrieved against it, the present revision has been preferred.

The main objection of the present petitioners is that unless some evidence was recorded before the trial Court, they could not be summoned merely on the application moved as stated above.

On behalf of the newly added accused, attention has been invited to Mithlesh Kumari v. State of Haryana, 1989(1) Recent Criminal Reports 549 : 1989(2) CLR 321, where also only the statements recorded under Section 161 of the Code of Criminal Procedure etc. were taken into consideration for summoning some more accused and it was disapproved. Section 319(1) of the Code of Criminal Procedure is reproduced as under :

"Power to proceed against other persons appearing to be guilty of offence (1) Where in the course of any inquiry into, or trial of, an offence, it appears form the evidence that any person not being the accused has committed any offence for which such person could be tried together with accused, the court may proceed against such person for the offence which he appears to have committed."

A perusal of this provision would go to show that the trial Court is to rely upon to `evidence'' for exercising the powers vested in it and not merely on the application moved on behalf of the complainant or the State. The conclusion is that the present revision is accepted and the impugned order dated 21.1.1992 is set aside. At present only the original accused shall appear before the trial Court on the date fixed there.

JUDGMENT Accordingly