GURIYA@TABASSUM TAUQUIR AND ORS. versus STATE OF BIHAR AND ANR.

GURIYA@TABASSUM TAUQUIR AND ORS. versus STATE OF BIHAR AND ANR.

The exercise of power under Section 319 Cr.P.C. is discretionary and extraordinary, only to be utilized when evidence adduced in court justifies such addition. In this case, since PWs 1-3 only stated about the appellants' presence without attributing any specific or definite roles, and PWs 4 and 5 did not state anything about the appellants, there was no sufficient basis to summon the appellants as accused under Section 319 Cr.P.C., especially as earlier protest petitions were dismissed and no new incriminating material emerged at subsequent stages.

Parties
Appellants: Guriya @ Tabassum Tauquir and Others; Respondent: State of Bihar; Respondent: Another (Respondent No. 2, complainant)
Jurisdiction
India
Judgment Date
28 September 2007
Procedural Posture
Criminal Appeal / Appeal From Decision of High Court Affirming Revisional Order From Sessions Judge Overriding Magistrate's Rejection of Section 319 Cr.p.c. Application
Outcome
Appeal allowed; orders of High Court and Additional Sessions Judge set aside; Trial Court's order restored.
Legal Topics
Section 319 Cr.p.c. – Addition of Accused, Discretionary and Extraordinary Power to Summon Additional Accused, Nature of 'evidence' Under Section 319 Cr.p.c., Scope of Judicial Review in Revision
Criminal Law Criminal Procedure Section 319 Cr.p.c. – Addition of Accused Discretionary and Extraordinary Power to Summon Additional Accused Nature of 'evidence' Under Section 319 Cr.p.c. Scope of Judicial Review in Revision

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 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Guriya @ Tabassum Tauquir and Others

Appellants

State of Bihar

Respondent

Another (Respondent No. 2, complainant)

Respondent

Procedural Posture

Criminal Appeal / Appeal From Decision of High Court Affirming Revisional Order From Sessions Judge Overriding Magistrate's Rejection of Section 319 Cr.p.c. Application

Legal Issues

  1. 1 What is the nature and scope of the power under Section 319 Cr.P.C. to add persons as accused during trial?
  2. 2 Can a person, not originally arraigned as accused but named in FIR and charge-sheet, be added for trial on the evidence at a later stage?
  3. 3 Does the evidence recorded after prosecution closure and Section 313 examination justify summoning new accused under Section 319 Cr.P.C. where no specific role is attributed to them?

Ratio Decidendi

The exercise of power under Section 319 Cr.P.C. is discretionary and extraordinary, only to be utilized when evidence adduced in court justifies such addition. In this case, since PWs 1-3 only stated about the appellants' presence without attributing any specific or definite roles, and PWs 4 and 5 did not state anything about the appellants, there was no sufficient basis to summon the appellants as accused under Section 319 Cr.P.C., especially as earlier protest petitions were dismissed and no new incriminating material emerged at subsequent stages.

Court Disposition

Appeal allowed; orders of High Court and Additional Sessions Judge set aside; Trial Court's order restored.

Orders

  • The order of the High Court and of learned Additional Sessions Judge are set aside.
  • The Trial Court's rejection of the Section 319 Cr.P.C. application is restored.