KISHUN SINGH AND ORS. versus STATE OF BIHAR

KISHUN SINGH AND ORS. versus STATE OF BIHAR

While Section 319 of CrPC requires evidence to be recorded before the Court can summon additional accused, the Court of Session, upon commitment of the case under Section 209 and the lifting of the bar under Section 193, has inherent power to summon persons whose involvement is prima facie shown from the material on record, even before commencement of trial. The exercise of power under a wrong provision will not invalidate the order if the power otherwise exists.

Parties
Appellant: Kishun Singh; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
11 January 1993
Procedural Posture
Criminal Appeal / Appeal From High Court Order Under Article 136 of Constitution of India
Outcome
Appeal dismissed
Legal Topics
Section 319 Cr PC, Cognizance of Offence, Summoning Additional Accused, Code of Criminal Procedure Section 193, Code of Criminal Procedure Section 173, Code of Criminal Procedure Section 209, Code of Criminal Procedure Section 190
Criminal Law Criminal Procedure Section 319 Cr PC Cognizance of Offence Summoning Additional Accused Code of Criminal Procedure Section 193 Code of Criminal Procedure Section 173 Code of Criminal Procedure Section 209 +1 more

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Parties

Kishun Singh

Appellant

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Order Under Article 136 of Constitution of India

Legal Issues

  1. 1 Whether Sessions Court can summon persons not named in police report to stand trial without recording evidence under Section 319 of CrPC
  2. 2 Interpretation and scope of Section 319 of CrPC
  3. 3 Effects of Section 193 of CrPC on the powers of Sessions Court post-commitment

Ratio Decidendi

While Section 319 of CrPC requires evidence to be recorded before the Court can summon additional accused, the Court of Session, upon commitment of the case under Section 209 and the lifting of the bar under Section 193, has inherent power to summon persons whose involvement is prima facie shown from the material on record, even before commencement of trial. The exercise of power under a wrong provision will not invalidate the order if the power otherwise exists.

Court Disposition

Appeal dismissed

Orders

  • Appellants have been properly summoned to stand trial with other accused; impugned order is not invalid.
  • The Sessions Court has jurisdiction under Section 193 to summon persons whose involvement appears from the record, even before evidence is led.