The High Court emphasizes the need for strong evidence and thorough analysis of cross-examinations before exercising powers under Section 319 CrPC.
In a significant development, the Allahabad High Court has set aside an order by the Sessions Court that had previously allowed the summoning of accused individuals in a high-profile murder case under Section 319 of the Criminal Procedure Code (CrPC). The judgment, delivered by Justice Kshitij Shailendra, highlighted the necessity for meticulous examination of evidence and cross-examinations before summoning additional accused to face trial.
The case, involving a double murder that occurred on May 19, 2020, in Meerut, saw the petitioners, Hamid and two others, challenging the Sessions Court's decision to summon them despite their names being expunged during the investigation due to lack of evidence of their presence at the crime scene. The Sessions Court had previously allowed an application filed by the second respondent under Section 319 CrPC, which empowers courts to summon any person as an accused if it appears from the evidence that they have committed an offense.
The High Court, in its detailed analysis, stressed the importance of cross-examination of witnesses, aligning with Supreme Court precedents that dictate the discretionary and extraordinary nature of the power under Section 319 CrPC. Justice Shailendra pointed out that the Sessions Court showed undue haste, failing to consider the implications of a Supreme Court order that clarified the non-prejudicial nature of its dismissal of the Special Leave Petition (SLP) filed by the applicants.
The judgment underscored that the Sessions Court's decision was influenced by a previous High Court order without taking into account the Supreme Court's clarification that no expression of opinion on the merits, including the alleged role of the petitioners, had been made. This oversight led to the High Court's directive for a fresh order to be passed by a different judge in the Sessions Court, ensuring a comprehensive review of all material, including cross-examinations.
The High Court's decision is a reminder of the judicial propriety required in the exercise of powers under Section 319 CrPC and the critical role of cross-examination in evaluating the complicity of prospective accused. The case has been remanded to the Sessions Court for a fresh order by March 31, 2026, ensuring all legal and factual aspects are thoroughly considered.
Bottom Line:
Exercise of power under Section 319 CrPC requires strong and cogent evidence more than mere possibility of complicity. Cursory reference to cross-examination without detailed analysis does not justify summoning of accused under Section 319 CrPC. Sessions Court must reconsider the matter in light of Supreme Court observations and entire material on record.
Statutory provision(s): Sections 319, 397, 401 CrPC, Sections 147, 148, 149, 302, 307, 352, 504 IPC
Hamid v. State of U.P., (Allahabad) : Law Finder Doc Id # 2825712
