YADWINDER SINGH versus LAKHI ALIAS LAKHWINDER SINGH & ANR. ETC.

YADWINDER SINGH versus LAKHI ALIAS LAKHWINDER SINGH & ANR. ETC.

Even though the SIT found no evidence against the private respondents, that finding does not fetter the court's power under Section 319; eyewitnesses in court named the private respondents as present at the scene and, considering the depositions, it was not in the interests of justice to absolve them on the basis of SIT findings alone. The Trial Court's exercise of discretion to summon the private respondents was not capricious or arbitrary and the High Court erred in setting aside the summons; therefore the High Court order was set aside and the Trial Court directed to issue fresh summons.

Parties
Appellant / Complainant Informant: Yadwinder Singh; Respondents / Private Respondents: Lakhi Alias Lakhwinder Singh & Anr. Etc.
Jurisdiction
India
Judgment Date
26 March 2025
Procedural Posture
Criminal Appeal / Appeal Against High Court Order; Leave Granted; Heard De Novo by Supreme Court
Outcome
Criminal Appeals allowed; Impugned High Court order dated 18.07.2024 set aside
Legal Topics
Section 319 Cr PC, Power to Summon Additional Accused, Issuance of Summons, Scope and Ambit of Section 319, SIT Findings, Doctrine Judex Damnatur Cum Nocens Absolvitor
Criminal Law Criminal Procedure Section 319 Cr PC Power to Summon Additional Accused Issuance of Summons Scope and Ambit of Section 319 SIT Findings Doctrine Judex Damnatur Cum Nocens Absolvitor

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Parties

Yadwinder Singh

Appellant / Complainant Informant

Lakhi Alias Lakhwinder Singh & Anr. Etc.

Respondents / Private Respondents

Procedural Posture

Criminal Appeal / Appeal Against High Court Order; Leave Granted; Heard De Novo by Supreme Court

Legal Issues

  1. 1 Whether the High Court was justified in setting aside the Trial Court order issuing summons under Section 319 CrPC against the private respondents
  2. 2 What is the scope and ambit for exercise of power under Section 319 CrPC

Ratio Decidendi

Even though the SIT found no evidence against the private respondents, that finding does not fetter the court's power under Section 319; eyewitnesses in court named the private respondents as present at the scene and, considering the depositions, it was not in the interests of justice to absolve them on the basis of SIT findings alone. The Trial Court's exercise of discretion to summon the private respondents was not capricious or arbitrary and the High Court erred in setting aside the summons; therefore the High Court order was set aside and the Trial Court directed to issue fresh summons.

Court Disposition

Criminal Appeals allowed; Impugned High Court order dated 18.07.2024 set aside

Orders

  • Impugned Order dated 18.07.2024 of the High Court of Punjab & Haryana at Chandigarh is set aside
  • Criminal Appeals are allowed