No Limitation On Powers Of Court To Revise/Reverse Order Rejecting Application U/S 319 Cr.P.C. Merely Because Trial Against Original Accused Stood Concluded: Allahabad HC
The Allahabad High Court held that there is no limitation on the powers of the Court to revise and reverse an order rejecting an application under Section 319 Cr.P.C. merely because the trial against the other accused persons concluded.
The Court explained that the conclusion of a trial against an accused who had been summoned originally does not cause any prejudice to the other accused, as the trial against the other accused would be held afresh and they would have the right to defend themselves in accordance with the law.
A Single Bench of Justice Subhash Vidyarthi observed, “The order rejecting the application under Section 319 Cr.P.C. was set aside by this Court in exercise of its revisional jurisdiction and it is only thereafter, that the trial Court has summoned the applicants under Section 319 Cr.P.C. Any interference with the order summoning the applicants to face trial would in fact defeat the ends of justice, which would be contrary to the object for which the inherent powers of this Court are meant to be exercised.”
Advocate Sheikh Wali Uz Zaman represented the applicants, while AGA Gyanendra Singh appeared for the opposite party.
The trial court took cognizance of the offences listed in the FIR under Sections 147, 148, 302 and 149 IPC and summoned the accused persons but rejected an application under Section 319 Cr.P.C. to summon the applicants.
The complainant challenged the rejection of the application, which was allowed and the trial court was directed to decide the application afresh. The trial court, in compliance with the order, passed the impugned order summoning the applicants.
The applicants challenged the validity of the order summoning them under Section 319 Cr.P.C., arguing that the trial had concluded before the order was passed.
The High Court held that despite the trial against the initially summoned accused being concluded, there were no limitations on the powers of the court to revise and reverse an order rejecting an application under Section 319 Cr.P.C.
“The ultimate aim of every investigation and inquiry, whether by the police or by the Magistrate, is to ensure that the actual perpetrators of the crime are correctly booked and the innocents are not arraigned to stand trial,” the Court remarked.
The Court held that the impugned order did not stand vitiated merely because the trial against the other accused persons was concluded.
Accordingly, the High Court dismissed the application.
Cause Title: Jamin & Anr. v. State of U.P. & Anr. (Neutral Citation: 2024:AHC-LKO:26712)
Appearance:
Applicants: Advocate Sheikh Wali Uz Zaman
Opposite Party: AGA Gyanendra Singh
