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2024 DIGILAW 526 (UTT)

Akram Ali v. State of Uttarakhand

2024-08-05

RAVINDRA MAITHANI

body2024
JUDGMENT : Ravindra Maithani, J. Since both these revisions arise from one and the same judgment, they are heard together and are being decided by this common judgment. 2. The challenge in these Criminal Revisions is made to an Order dated 04.05.2024, passed in Sessions Trial No.162 of 2021 (FIR No.422 of 2021), State vs. Aas Mohammad and others, by the court of 2nd Additional District and Sessions Judge, Haridwar, by which, an application under Section 319 of the Code of Criminal Procedure, 1973 (“the Code”) filed by the informant and submitted by the prosecution has been allowed and the revisionists have been summoned. 3. Heard learned counsel for the parties and perused the record. 4. Learned counsel for the revisionists would submit multiple arguments, but essentially it is argued that even the impugned order does not show, as to under what offences the revisionists have been summoned to face trial along with the accused. 5. Learned State counsel as well as the learned counsel for the informant admits this fact. But, learned Senior Counsel for the informant would submit that the order is in accordance with law. 6. Learned State counsel adopts the arguments made by learned Senior Counsel for the informant. 7. Under Section 319 of the Code, a person not an accused may be summoned to face trial along with the accused. This Section reads as follows:- “319. 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 from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed. (2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid. (3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed. (3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed. (4) Where the Court proceeds against any person under sub-section (1) then— (a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard; (b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced.” 8. Learned counsel for the revisionists would submit that the charges have been framed against the accused persons, who are already facing trial under Sections 147, 148, 149, 302, 307, 323, 504, 506, 120-B IPC, Police Station Laksar, District Haridwar. 9. A bare reading of Section 319 of the Code makes it abundantly clear that this provision may be invoked during the course of inquiry into the trial of an offence if it appears from the evidence that any person not being the accused has committed any offence, for which, such person could be tried together with the accused. First and foremost, the court has to record a finding that some offence has been committed by the person who is to be summoned under Section 319 of the Code. The impugned order does not reveal, as to under what provisions of law or to face which accusation, the revisionists have been summoned. Therefore, this Court is of the view that while setting aside the order, the matter may be remanded to the court below to pass a fresh order after giving an opportunity of hearing to the parties. 10. The revisions are allowed. 11. The impugned order is set aside. 12. The court below is directed to accord an opportunity of hearing to the parties and pass a fresh order, in accordance with law on the application under Section 319 of the Code. 13. Let a copy of this judgment along with the lower court record be send to the court concerned for compliance.