In the case of, Yashodhan Singh & Ors. v. State of Uttar Pradesh & Anr., the Supreme Court held that it is not mandatory to allow a person who is summoned under Section 319 of the Criminal Procedure Code, 1973 because that person has been added by the trial court as an accused of the trial of the case. A bench of Justices BV Nagarathna and Ujjal Bhuyan stated that the right of inquiry or hearing can only be given to a person who has already been discharged under Section 227 of the Criminal Procedure Code, 1973.
A person summoned under Section 319 of the Criminal Procedure Code, 1973 will only face the trial along with other accused. The provision will thus meet the ends of justice and the same cannot be diluted by Section 319 of the CriminalProcedure Code, 1973 where principles of natural justice are being followed during the trial and the principle of hearing a person who is summoned cannot be read under this section.
Section 319 of the Criminal Procedure Code, 1973 indicates the starting of the trial of the accused where a person need not be heard before the trial. The Court said that a person who has been summoned under this cannot insist on being heard first and this is also called a mini-trial within the particular trial. A person who is summoned under this section cannot take this trial forward and deviate from the focus of the ongoing trial. However, in 2022, the trial court summoned the appellants under Section 319 of the Criminal Procedure Code, 1973 and the Allahabad High Court later upheld the summons order.
The appellants placed some relief on the Supreme Court’s observations in the case of Jogendra Yadav & Ors. v. State of Bihar & Anr., where both Justice Nagarathna andBhuyan found that the observations, in this case, mentioned some important facts of the case. The Court finally said that there is no procedure mentioned where an inquiry is heard before a summoned person. Therefore, Supreme Court dismissed the appeal.
WRITTEN BY – ABHIPRA AGARWAL, COLLEGE NAME, CHANDERPRABHU JAIN COLLEGE OF HIGHER STUDIES, GGSIPU, AN INTERN UNDER LEGAL VIDHIYA
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