Key words :- Supreme Court , Cr.P.C. , Division Bench.
Only someone who is discharged in the case prior to the start of the trial has the right of being heard before being termed as an accused.
The recent ruling by the Supreme Court states that it is not obligatory to provide a person summoned under Section 319 of the Criminal Procedure Code 1973 (Cr.PC) with a hearing opportunity before adding them as an accused to the trial. The division bench of Justices BV Nagarathna and Ujjal Bhuyan clarified that the right to inquiry or hearing would only apply to a person who has been discharged under Section 227 of Cr.PC in the same proceeding before the trial begins. [Yashodhan Singh and Others v. State of Uttar Pradesh and Another]
According to the Court, when a person is summoned under Section 319 of Cr.PC, the purpose is for them to participate in the trial along with other accused. This provision serves the objective of justice and shouldn’t be weakened by applying principles of natural justice, which would be followed during the trial anyway. The Court emphasized that the principle of providing a hearing to the summoned person cannot be incorporated into Section 319 Cr.PC, as it doesn’t contemplate such an inclusion.
The Court clarified that a person who has been summoned under Section 319 of Cr.P.C cannot demand to be heard first before being added as an accused, as this would lead to a mini trial within the ongoing trial. The Court emphasized that the person summoned should not divert the focus of the trial and try to bolster their own case to avoid facing trial.
In the case before the Supreme Court, the appellants challenged the trial court’s order that summoned them in a criminal case, even though their names were not initially part of the charge sheet. The Allahabad High Court upheld this summons order, prompting the appellants to seek relief from the Supreme Court. However, the appellants argued that they should be given an opportunity to be heard before being added as accused following the Section 319 summons.
Before the Supreme Court, the appellants contended that they ought to be given an opportunity of hearing before they are added as an accused following an order of summons under Section 319, Cr.PC.
The appellants heavily relied on the Supreme Court’s observations in the case of Jogendra Yadav and Others v. State of Bihar and Another (2015). The Court in that case concluded that there is no provision for an inquiry or a hearing opportunity before a summoned person is added as an accused in a criminal trial, except when that person has already been discharged.
The Court emphasized that the argument stating that a summoned person must be given an opportunity to be heard before being added as an accused to face trial is not supported by Section 319 of the Criminal Procedure Code (Cr.P.C). As a result, the Court dismissed the appeal made by the appellants.
Written by :- RATNESH TEMBE, College :- Department of Law, PIMR , Indore ., An intern under LEGAL VIDHIYA.
