Persons Who Are Discharged at the Stage of Framing Charge Can Be Summoned Under Section 319 CrPC: Patna HC
Pranav B Prem
The Patna High Court has held that individuals discharged at the stage of framing charges can still be summoned under Section 319 of the Criminal Procedure Code (CrPC). The ruling came in a Criminal Revision Petition challenging a trial court's decision to summon certain individuals under Section 319 CrPC for trial.
A Single Bench of Justice Jitendra Kumar observed that the phrase "any person" under Section 319 CrPC includes individuals named in the FIR but not charge-sheeted after investigation, as well as those discharged at the stage of framing charges. Justice Kumar emphasized, “The power under Section 319 CrPC is discretionary and extraordinary, to be exercised sparingly and only where strong and cogent evidence supports the action.”
Background
The case arose from a complaint alleging that four individuals set fire to the informant’s hut-like house, destroying property worth ₹4-5 lakhs. Although the FIR named all four accused, the investigation resulted in a chargesheet against only one, while the others were exonerated.
During the trial, the prosecution moved an application to summon the three exonerated individuals as accused based on the testimony of three prosecution witnesses, including the informant. The trial court allowed the application, prompting the accused to file a Criminal Revision Petition before the High Court.
Court's Reasoning
In its decision, the High Court reaffirmed the principles established by the Supreme Court in Hardeep Singh v. State of Punjab and subsequent judgments, stating that Section 319 CrPC empowers courts to summon individuals not originally part of the trial if evidence recorded during the trial implicates them.
The court noted the following key principles:
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The term "any person" under Section 319 CrPC encompasses individuals named in the FIR but not charge-sheeted, as well as those discharged after framing charges.
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For summoning an individual, the evidence must be strong and cogent, exceeding the prima facie standard required for framing charges but not necessarily reaching the level needed for conviction.
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The power under Section 319 CrPC is discretionary and must be exercised judiciously, avoiding casual or cavalier use.
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The court can invoke Section 319 CrPC at any stage during the trial, including at the completion of examination-in-chief, without waiting for cross-examination to conclude.
The court clarified that this provision is essential to ensure that individuals who escape prosecution during the investigation are not shielded from justice when evidence emerges during the trial.
Application to the Present Case
The High Court found that the trial court had correctly exercised its power under Section 319 CrPC. The testimony of three prosecution witnesses, including two eyewitnesses, implicated the petitioners in the alleged act of arson. The court noted that the evidence was robust and indicated a clear motive stemming from a land dispute between the parties.
Justice Jitendra Kumar dismissed the revision petition, concluding that the trial court’s order to summon the petitioners was legally sound. He remarked, “The evidence recorded against the petitioners in the ongoing trial is strong and cogent. It surpasses the prima facie threshold and warrants their summoning under Section 319 CrPC.”
Cause Title: Draupadi Kunwar @ Draupati Kunwar & Ors. v. The State of Bihar & Anr.
Case No: Criminal Revision No. 410 of 2021
Date: January-07-2025
Bench: Justice Jitendra Kumar
[Read/Download order]
