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Jamin v. State of Uttar Pradesh

Criminal Appeal · 2025 INSC 330Decided 6 Mar 2025
Crl.A. No.-001184-001184 of 2025 (arising out of SLP(Crl.) No. 6320 of 2024)
Justice J.B. Pardiwala · Justice Manoj Misra

Background

Following a 2009 murder FIR naming five persons, only two were chargesheeted initially. The complainant applied under Section 319 CrPC to have the remaining three, including the appellants Jamin and Akil, summoned to face trial alongside the others. The Trial Court initially rejected this application, but the Allahabad High Court, in a revision petition, set that rejection aside and directed reconsideration; years later - after the original trial against the two chargesheeted accused had already concluded - the Trial Court, acting on the High Court's direction, summoned the appellants. The appellants challenged this summoning as illegal since it came after the trial's conclusion, but the High Court dismissed their plea, leading to this appeal.

Decision Breakdown

The Supreme Court dismissed the appeal, holding that an order passed by a High Court in revision "relates back" to the date of the original (erroneous) order it corrects, so the later summoning order effectively took legal effect at the time the original Section 319 application was wrongly rejected - before the trial concluded. The Court also clarified the law on Section 319 CrPC broadly: a proposed accused ordinarily has no right to a hearing before being summoned to face trial, but if a right to remain unsummoned has already accrued (because an application to summon them was earlier rejected) and the High Court later reverses that in revision to their prejudice, the proposed accused must be given a hearing at that revisional stage as required under Section 401(2) CrPC.

Lesson Learnt

A court correcting its own earlier mistake in revision does not lose the power to add new accused to an ongoing case merely because time has passed or the original trial has since concluded - the corrected order is treated as if it had been made at the right time in the first place.

Official source (sci.gov.in)View Judgment (PDF)

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