OMI @ OMKAR RATHORE v. THE STATE OF MADHYA PRADESH
The judgment provides a detailed analysis of Section 319 CrPC, useful for understanding principles of criminal procedure.
Court: Supreme Court of India
Citation: 2025 INSC 27
Decision Date: 03-01-2025
List of Laws
Code of Criminal Procedure, 1973; Indian Penal Code, 1860
- Code of Criminal Procedure, 1973: The judgment extensively discusses Section 319 CrPC, focusing on the power of the court to summon persons not initially accused. It clarifies that the trial court has jurisdiction to add any person to face trial along with other accused if satisfied by evidence adduced at any stage, even if that person was named in the FIR but not charge-sheeted. The court emphasizes that this power is discretionary and extraordinary, to be exercised sparingly when strong and cogent evidence exists. It also clarifies that the power under Section 319 CrPC is not controlled by whether the person was named in the FIR or charge sheeted. The judgment states that the phrase "any person not being the accused" in Section 319 includes those released by police under Section 169. The court also notes that the trial court should not reject applications for adding new accused based on Investigating Officer records. The judgment references the case of *S. Mohammed Ispahani v. Yogendra Chandak, (2017) 16 SCC 226*, quoting paragraph 35, which highlights that even if police file a charge-sheet without implicating a person named in the FIR, the court is not powerless to summon that person as an accused if the trial court finds it appropriate. The judgment also refers to *Hardeep Singh v. State of Punjab, (2014) 3 SCC 92*, specifically paragraphs 105 and 106, which discuss the standards for invoking power under Section 319 CrPC. Paragraph 105 states that the power is discretionary and extraordinary, to be exercised sparingly and only when circumstances warrant. Paragraph 106 clarifies that while only a prima facie case needs to be established, it requires stronger evidence than mere probability of complicity.
- Indian Penal Code, 1860: The judgment mentions Sections 302, 307, 147, 148, and 149 IPC in the context of the First Information Report (FIR) registered for the alleged offences. These sections relate to murder (302), attempt to murder (307), rioting (147), rioting armed with a deadly weapon (148), and unlawful assembly with common object (149). The FIR was registered against seven individuals, including the petitioners. The closure report mentions Section 120B IPC (criminal conspiracy) and Sections 25/27 of the Arms Act.
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