RAJESH & ORS. versus STATE OF HARYANA

RAJESH & ORS. versus STATE OF HARYANA

The Court upheld the Magistrate and High Court: depositions of P.W.1 and P.W.2 during trial constituted evidence under Section 319 CrPC implicating the appellants though they were not charge-sheeted; orders releasing appellants from custody were not judicial discharges and did not preclude later summoning under Section 319; therefore summons to face trial were properly issued.

Parties
Appellant: Rajesh & Ors.; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
01 May 2019
Procedural Posture
Criminal Appeal / Appeal Against High Court Judgment in Criminal Revision No. 521 of 2018 Confirming Magistrate's Order Under Section 319 Cr PC
Outcome
Appeal dismissed
Legal Topics
Section 319 Cr PC, Closure Report Procedure, Summoning of Non Charge Sheeted Persons, Discharge Vs. Release From Custody
Criminal Procedure Criminal Law Evidence Section 319 Cr PC Closure Report Procedure Summoning of Non Charge Sheeted Persons Discharge Vs. Release From Custody

Case Brief

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Parties

Rajesh & Ors.

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Judgment in Criminal Revision No. 521 of 2018 Confirming Magistrate's Order Under Section 319 Cr PC

Legal Issues

  1. 1 Scope and ambit of Magistrate's power under Section 319 CrPC
  2. 2 Whether persons named in FIR but not charge-sheeted or released from custody can be summoned under Section 319
  3. 3 Procedure before accepting a closure report and requirement to give notice to complainant

Ratio Decidendi

The Court upheld the Magistrate and High Court: depositions of P.W.1 and P.W.2 during trial constituted evidence under Section 319 CrPC implicating the appellants though they were not charge-sheeted; orders releasing appellants from custody were not judicial discharges and did not preclude later summoning under Section 319; therefore summons to face trial were properly issued.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • High Court order dated 19.12.2018 in Criminal Revision No. 521 of 2018 confirming the Magistrate's order summoning appellants under Section 319 CrPC upheld