The Supreme Court has held that if a person is not an accused, but it appears that he has committed an offense, then in such cases, the courts cannot negligently exercise the rights.
The top court said that courts can exercise their power to take action against such a person only if there is sufficient and strong evidence against him.
Under Section 319 of the Code of Criminal Procedure (CrPC), when, during the investigation or trial of an offense, it appears from the evidence that a person not made an accused in the case has committed the offense, the court may proceed against such person.
A bench of Justices KM Joseph and PS Narasimha, during the hearing of a criminal case, observed that this is another matter in which a new person in the exercise of power under section 319 of CrPC by issuing summons has to be sent to this court. has been brought in.
The bench said that only when there is sufficient and strong evidence against a person, section 319 should be invoked.
The apex court made the remarks while delivering its verdict on a petition filed by Ramesh Chandra Srivastava. The body of Srivastava's driver was found in 2015. The wife of the deceased alleged and gave a statement in the court that Srivastava has not been made an accused, but he killed her husband with the help of his friends.
The trial court had summoned Srivastava as an accused based on the statement of the wife of the deceased. Srivastava then challenged the order of the lower court in the High Court, but his petition was rejected in the High Court, after which he approached the apex court.
The court allowed Srivastava's appeal and set aside the Allahabad High Court order and the lower court's order to summon him as an accused.
The bench said that the sessions judge will hear the matter on September 30, 2021. All the parties will be present on that day. Thereafter, the court shall pass appropriate orders keeping in view the principles laid down by this court in the Hardeep Singh case (2014 verdict).
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