SUPREME COURT OF INDIA

Before:- G.B. Pattanaik and N. Santosh Hegde, JJ.

Criminal Appeal No. 1193 of 2001 and Arising out of SLP (Crl.) No. 2111 of 2001. D/d. 23.11.2001.

Geeta Ram - Appellant

Versus

Vedi Ram And Others - Respondents

Criminal Procedure Code, 1973, Section 319 - Summoning of a person as additional accused - Power of - Trial Court summoned a person whose name was in FIR, yet no charge-sheet filed against him and no protest petition filed - High Court however quashed the summoning order - Held, Order of High Court was erroneous - Appeal allowed.

[Para 2]

ORDER

G.B. Pattanaik, J. - Leave granted.

2. In course of trial, the learned trial Judge invoked power under Section 319 of the Code of Criminal Procedure and issued summons. Against the said order, the respondents approached the High Court in revision. The High Court being of the opinion primarily, that since the name was there in the FIR, and yet no charge-sheet was filed against him and no protest petition was filed, it was not open for the trial Judge to invoke power under Section 319 of the Code of Criminal Procedure. This conclusion of the High Court is, on the face of it, erroneous inasmuch as Section 319 Criminal Procedure Code, 1973 is intended to meet the situation where in course of trial, if materials come against some other persons, who have not been arrayed as accused, and are not being tried, the court can summon them as accused. On the very face of it, the order of the High Court in interfering with the order issued by the trial Judge under Section 319 Criminal Procedure Code, 1973 is erroneous. It was contended by the learned counsel for the respondents that the matter may be remitted to the High Court for reconsideration, but we are unable to accede to this prayer inasmuch as the accused can still establish through evidence in the trial that no case has been made out and get acquitted. The impugned order of the High Court on the face of it being not in accordance with law, we set aside the same and allow this appeal. The trial Judge should proceed with the trial forthwith.

.