Reply To: Sec 319 of Cr.P.C – a person who is not an accused may be added as an accused only when it appears from the evidence that he has committed any offence for which he could be tried together with the accused.

Checkout Forums Civil Law Discourse Sec 319 of Cr.P.C – a person who is not an accused may be added as an accused only when it appears from the evidence that he has committed any offence for which he could be tried together with the accused. Reply To: Sec 319 of Cr.P.C – a person who is not an accused may be added as an accused only when it appears from the evidence that he has committed any offence for which he could be tried together with the accused.

#118627
advtanmoy
Keymaster

SUPREME Court in Krishnappa vs. State of Karnataka, [2004 (7) SCC 792] wherein a similar question fell for consideration and again a note of caution was sounded with regard to invocation of the extraordinary and discretionary powers under Section 319 of the Code. Their Lordships, while observing that a person can be summoned even though proceedings had earlier been quashed as far as he was concerned, held that the 9 invocation of the power under Section 319 should not have been resorted to, since the chances of conviction on the basis of the evidence on record was remote. Holding that the Trial Court was right in rejecting such prayer, since the case against the appellant had been quashed nine years prior to issuance of summons under Section 319 Cr.P.C., this Court held that the High Court had erroneously reversed the order of the Trial Court even though the chances of conviction on the basis of the evidence adduced was very remote.