In the matter of Asad Ali @ Munna and Others vs. State of U.P. & Another (Application U/S 482 No. 5465 of 2024), the applicants Asad Ali @ Munna, Akhtar Ali @ Bablu, Mahroj, and Awadh Kumar Mishra challenged an order passed by the Additional Sessions Judge, Pratapgarh. The trial court had summoned these individuals to face charges under Sections 147, 148, 149, and 302 of the Indian Penal Code (IPC) based on an application under Section 319 of the Criminal Procedure Code (CrPC) dated 12.01.2024.
The case originated from an FIR filed by Chandan Singh, the son of the deceased, Harishchandra Singh, who alleged that his father was shot dead on August 14, 2018, by the accused, including Asad Ali @ Munna and others, due to an ongoing enmity. Initially, the investigation led to the filing of a charge sheet against other individuals, namely Ashraf, Imran Khan, Kalam, Segu @ Mujib, and Irfan. However, based on witness statements during the trial, particularly the testimony of Chandan Singh (PW-1), the prosecution sought to include the applicants as accused.
Legal Issues Involved:
1. Section 319 CrPC – Summoning of Additional Accused:
The primary legal issue revolves around the application of Section 319 CrPC, which allows the court to summon additional persons as accused if it appears from the evidence that they may have committed an offense. The court must determine whether the evidence against these persons is sufficiently strong to justify their inclusion in the trial.
2. Discretionary Power of the Court:
The discretionary nature of the court’s power under Section 319 CrPC is another critical issue. The Supreme Court has emphasized that this power must be exercised sparingly and with caution, ensuring that it is not used in a casual or cavalier manner.
3. Assessment of Evidence:
The trial court’s decision to summon the additional accused was based on the examination-in-chief of PW-1, who identified the applicants as the real culprits. The court had to consider whether this testimony, if unrebutted, would be sufficient to convict the applicants.
Court’s Decision:
Justice Saurabh Lavania, presiding over the matter, reaffirmed the principles laid down by the Supreme Court in Hardeep Singh vs. State of Punjab and Brijendra Singh and Others vs. State of Rajasthan. He emphasized that the power under Section 319 CrPC should be exercised with great caution, requiring evidence stronger than that needed for mere framing of charges. The evidence must be such that, if unrebutted, it would likely lead to the conviction of the accused.
In this case, the trial court had considered the statements made by the informant and eye-witness, PW-1, who had consistently named the applicants as the assailants. The court noted that the trial court was within its rights to summon the applicants based on this testimony. However, the trial court was also reminded of the need to thoroughly examine all evidence, including materials collected during the investigation, to avoid any miscarriage of justice.
Justice Lavania, while upholding the trial court’s order, remarked, “The exercise of discretionary powers under Section 319 CrPC is not to be done in a casual and cavalier manner. It requires a judicious application of mind to the evidence presented before the court.”
Important Observations:
Justice Lavania cited the Supreme Court’s ruling in Hardeep Singh vs. State of Punjab that states, “The power under Section 319 CrPC is to be exercised sparingly and only in those cases where the circumstances so warrant. It is not to be exercised because the Magistrate or the Sessions Judge is of the opinion that some other person may also be guilty of committing that offence.”
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Parties Involved:
– Applicants: Asad Ali @ Munna, Akhtar Ali @ Bablu, Mahroj, Awadh Kumar Mishra
– Opposite Party 1: State of U.P. through Principal Secretary, Home, Lucknow
– Opposite Party 2: Chandan Singh (Informant and son of the deceased)
– Counsel for Applicants: Anand Mani Tripathi, Pragati Tiwari, Yugal Kishor Tripathi
– Counsel for Opposite Party: Anand Prakash Singh, S.P. Tiwari (A.G.A.)
