SHASHIKANT SINGH versus TARKESHWAR SINGH AND ORS.

SHASHIKANT SINGH versus TARKESHWAR SINGH AND ORS.

A person summoned under Section 319 of the Code of Criminal Procedure for appearing to be guilty of an offence may be tried for that offence after the conclusion of the trial against the original accused. The requirement that 'could be tried together with the accused' in Section 319(1) is directory, while the mandate for a fresh trial under Section 319(4) is mandatory. Therefore, a fresh, de novo trial of the newly added accused is permissible even after original proceedings have concluded.

Parties
Appellant: Shashikant Singh; Respondent: Tarkeshwar Singh
Jurisdiction
India
Judgment Date
24 April 2002
Procedural Posture
Criminal Appeal / Supreme Court Appellate Judgment
Outcome
Appeal allowed
Legal Topics
Section 319 Cr PC, Summoning of Additional Accused, De Novo Trial, Statutory Interpretation
Criminal Law Procedure Section 319 Cr PC Summoning of Additional Accused De Novo Trial Statutory Interpretation

Case Brief

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Parties

Shashikant Singh

Appellant

Tarkeshwar Singh

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appellate Judgment

Legal Issues

  1. 1 Whether a person summoned under Section 319 CrPC can be tried after conclusion of trial against original accused
  2. 2 Interpretation of 'could be tried together with the accused' in Section 319(1) CrPC

Ratio Decidendi

A person summoned under Section 319 of the Code of Criminal Procedure for appearing to be guilty of an offence may be tried for that offence after the conclusion of the trial against the original accused. The requirement that 'could be tried together with the accused' in Section 319(1) is directory, while the mandate for a fresh trial under Section 319(4) is mandatory. Therefore, a fresh, de novo trial of the newly added accused is permissible even after original proceedings have concluded.

Court Disposition

Appeal allowed

Orders

  • Impugned order of Patna High Court set aside
  • Criminal Revision No. 269/2001 remanded to Patna High Court for fresh consideration of other contentions urged by respondent No. 1