Court Finds Exercise of Section 319 Cr.P.C. Power Based on Insufficient Evidence and Alleged Malafide Intent
In a significant judgment, the Patna High Court has quashed the summons against Deepak Kumar @ Deepak Sah, who was implicated under Section 319 of the Code of Criminal Procedure (Cr.P.C.) to face trial for alleged involvement in a murder case. The judgment, delivered by Justice Mr. Ansul, emphasized the requirement of strong and cogent evidence for invoking such extraordinary judicial powers.
The case revolves around the murder of Bishwanath Kumar Gupta, who was shot dead on June 2, 2012. The First Information Report (FIR) was lodged the following day, implicating two unknown assailants. Deepak Kumar's name surfaced months later, amidst allegations of business rivalry and purported influence exerted by police officials with vested interests.
The prosecution sought to summon Deepak Kumar as an additional accused based on hearsay and newspaper reports, a move the court found unjustifiable. The court reiterated the necessity for evidence to originate from the trial itself, rather than relying on statements recorded under Section 164 Cr.P.C. or other investigatory materials.
The judgment highlighted several procedural and evidentiary lapses, including the hostile stance of multiple prosecution witnesses and the ultimate reliance on a witness's statement derived solely from a newspaper report. This lack of substantive evidence, the court noted, fell short of the legal threshold required for summoning an additional accused under Section 319 Cr.P.C.
Justice Ansul underscored the discretionary nature of Section 319 Cr.P.C., which mandates judicial prudence and caution. The court observed that the power should not be exercised in a cavalier manner, especially in the absence of credible evidence. The judgment further criticized the proceedings as being tainted with malafide intent, citing the penalization of involved police officers and the disciplinary actions against the judicial officer for alleged corruption.
This ruling reaffirms the judicial standards for exercising powers under Section 319 Cr.P.C., underscoring the need for evidence that not only implicates but also holds potential for conviction. The decision serves as a reminder of the court's role in safeguarding against misuse of judicial powers and ensuring that proceedings are conducted with fairness and integrity.
Bottom line:-
Exercise of power under Section 319 Cr.P.C. should be based on strong and cogent evidence that is sufficient to justify summoning the additional accused. Mere mention of a person's involvement, based on extraneous sources such as newspaper reports, does not meet the threshold required for invoking this extraordinary power.
Statutory provision(s): Section 319 Cr.P.C., Section 164 Cr.P.C., Section 302/34 IPC, Section 27 of the Arms Act.
Deepak Kumar @ Deepak Sah v. State of Bihar, (Patna) : Law Finder Doc id # 2920657
