Discretionary & Extraordinary Power U/Sec 319 CrPC Should Be Exercised Sparingly : Supreme Court

The Supreme Court reiterated that the power of a court under Section 319 CrPC is a discretionary and extraordinary power which should be excercised sparingly.

The crucial test that has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, if goes unrebutted, would lead to conviction, the bench of Justices Ajay Rastogi and CT Ravikumar said.

In this case, the trial Judge rejected the application filed by the complainant under Section 319 CrPC to summon a person to face trial in a rape case. In her application filed through the Public Prosecutor, the complainant submitted that she had named the said person as accused in her initial version but the police did not challan them in collusion with them. Later, the High Court of Punjab and Haryana set aside this order and allowed the application.

In appeal, the bench, referred to the judgment of the Constitution Bench in Hardeep Singh v. State of Punjab  (2014) 3 SCC 92 and observed:

"The Constitution Bench has given a caution that power under Section 319 CrPC is a discretionary and extraordinary power which should be exercised sparingly and only in those cases where the circumstances of the case so warrant and the crucial test as noticed above has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, if goes unrebutted, would lead to conviction."

Referring to the evidence on record, the bench said that the same, if remains unrebutted, will not be sufficient to lead the conviction so far as the present appellant is concerned. The High Court order was therefore set aside.

Case details

Naveen vs State of Haryana | 2022 LiveLaw (SC) 897 | SLP(Crl) 3746 of 2022 |1 November 2022 | Justices Ajay Rastogi and CT Ravikumar

Headnotes

Code of Criminal Procedure, 1973 ; Section 319 - Discretionary and extraordinary power which should be exercised sparingly and only in those cases where the circumstances of the case so warrant - The crucial test has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, if goes unrebutted, would lead to conviction - Referred to Hardeep Singh v. State of Punjab (2014) 3 SCC 92. (Para 11-12)

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