JILE SINGH versus STATE OF U.P. & ANR.

JILE SINGH versus STATE OF U.P. & ANR.

Once a case is committed to Sessions Court under Section 209 CrPC, only the Sessions Court can add new persons to the array of accused using Section 319 CrPC after evidence is collected; a Magistrate has no jurisdiction to issue summons or add accused at any stage after committal but before evidence is collected in Sessions Court.

Parties
Appellant: Jile Singh; Respondent No. 1: State of U.P.; Respondent No. 2: Respondent No. 2 (Father of Bharat Lal Sharma)
Jurisdiction
India
Judgment Date
12 January 2012
Procedural Posture
Criminal Appeal / Special Leave Appeal From High Court Judgment Affirming Magistrate's Order Issuing Summons
Outcome
Appeal allowed; impugned orders set aside.
Legal Topics
Addition of Accused Under Cr PC, Cognizance and Committal by Magistrate, Issuance of Summons After Committal, Section 319 Cr PC Powers, Jurisdiction of Magistrate Vs Sessions Court
Criminal Law Criminal Procedure Addition of Accused Under Cr PC Cognizance and Committal by Magistrate Issuance of Summons After Committal Section 319 Cr PC Powers Jurisdiction of Magistrate Vs Sessions Court

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Jile Singh

Appellant

State of U.P.

Respondent No. 1

Respondent No. 2 (Father of Bharat Lal Sharma)

Respondent No. 2

Procedural Posture

Criminal Appeal / Special Leave Appeal From High Court Judgment Affirming Magistrate's Order Issuing Summons

Legal Issues

  1. 1 Whether Magistrate can issue summons/add appellant to array of accused after committal under Section 209 CrPC but before evidence is collected in Sessions Court
  2. 2 When can persons not charge-sheeted be added as accused in a sessions trial

Ratio Decidendi

Once a case is committed to Sessions Court under Section 209 CrPC, only the Sessions Court can add new persons to the array of accused using Section 319 CrPC after evidence is collected; a Magistrate has no jurisdiction to issue summons or add accused at any stage after committal but before evidence is collected in Sessions Court.

Court Disposition

Appeal allowed; impugned orders set aside.

Orders

  • Order of High Court dated March 10, 2011 set aside.
  • Order of Chief Judicial Magistrate, Mathura dated January 3, 2011 set aside.