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Ramesh Chandra Srivastava v. The State of Uttar Pradesh

Criminal Appeal · 2021 INSC 470Decided 13 Sept 2021
Criminal Appeal No. 990 of 2021
Justice K.M. Joseph · Justice P.S. Narasimha

Background

A man was found murdered, and based on his wife's statement to police, the Sessions Court summoned the appellant (the deceased's employer) as an additional accused using its special power under Section 319 of the Code of Criminal Procedure, even though the wife's statement had not yet been tested by cross-examination. The appellant's challenge to this summoning order failed in the High Court, bringing the matter to the Supreme Court.

Decision Breakdown

The Supreme Court held that Section 319 CrPC is an extraordinary power that must be used sparingly, and requires evidence that is "more than prima facie" but short of what would lead to conviction if unrebutted, not mere suspicion or probability. Relying on the Constitution Bench ruling in Hardeep Singh v. State of Punjab, the Court found that the Sessions Judge had not properly applied this stricter standard before summoning the appellant. The appeal was allowed, the summoning order was set aside, and the matter was sent back to the Sessions Judge to reconsider afresh in light of the correct legal standard.

Lesson Learnt

Being named as guilty by a witness is not, by itself, enough to drag a new person into a criminal trial: courts must apply a demanding evidentiary standard before summoning anyone as an additional accused mid-trial.

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

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