The Supreme Court affirms that revisional orders under Section 319 CrPC relate back to original rejection dates.
Headline
No illegality in considering the Section 319 CRPC application after trial based on the HC’s revision order by the Supreme Court in the case of Jamin & Anr. versus the State of Uttar Pradesh & Anr.
Summary
The Supreme Court stated that if the High Court in the case of revision directs reconsideration of a Section 319 of the Criminal Procedure Code (CrPC) application, the trial court has the power to summon additional accused even after the trial ends.
Key Facts
- Case Name: JAMIN & ANR. VERSUS STATE OF UTTAR PRADESH & ANR.
- Bench: Justice JB Pardiwala and Justice Manoj Misra
- The High Court set aside the trial court’s 2010 rejection of a Section 319 Criminal Procedure Code (CrPC) application.
- In 2024, the trial court, following the 2021 order of the High Court, summoned additional accused.
Legal Insights
U/S 319 CrPC, courts can summon additional accused if fresh evidence comes into light. The Supreme Court of India held that a revisional order of the High Court relates back to the original rejection date so that the summoning of additional accused remains valid post-trial.
Impact
The ruling of the Supreme Court strengthens the power of courts to ensure no guilty person escapes trial and explains procedural delays in summoning additional accused.
Why It Matters
This decision of the Supreme Court focuses on the summoning of additional accused U/S 319 CrPC, stopping procedural lacks from hindering justice.
Source
- Legal Glossary-accused
