CrPC S. 319 –
Q.1 What is the stage at which power u/s 319 Code of Criminal Procedure can be exercised?
AND
Q. III Whether the word “evidence” used in Section 319(1) Code of Criminal Procedure has been used in a comprehensive sense and includes the evidence collected during investigation or the word “evidence” is limited to the evidence recorded during trial?
A. In Dharam Pal”s case, the Constitution Bench has already held that after committal, cognizance of an offence can be taken against a person not named as an accused but against whom materials are available from the papers filed by the police after completion of investigation. Such cognizance can be taken u/s 193 Code of Criminal Procedure and the Sessions Judge need not wait till ”evidence” u/s 319 Code of Criminal Procedure becomes available for summoning an additional accused.
Section 319 Code of Criminal Procedure, significantly, uses two expressions that have to be taken note of i.e. (1) Inquiry (2) Trial. As a trial commences after framing of charge, an inquiry can only be understood to be a pre-trial inquiry. Inquiries under Sections 200, 201, 202 Code of Criminal Procedure; and u/s 398 Code of Criminal Procedure are species of the inquiry contemplated by Section 319 Code of Criminal Procedure Materials coming before the Court in course of such enquiries can be used for corroboration of the evidence recorded in the court after the trial commences, for the exercise of power u/s 319 Code of Criminal Procedure, and also to add an accused whose name has been shown in Column 2 of the chargesheet.
In view of the above position the word ”evidence” in Section 319 Code of Criminal Procedure has to be broadly understood and not literally i.e. as evidence brought during a trial.
Question No. II
Q. II Whether the word “evidence” used in Section 319(1) Code of Criminal Procedure could only mean evidence tested by cross-examination or the court can exercise the power under the said provision even on the basis of the statement made in the examination-in-chief of the witness concerned?
Question No. IV
Q. IV What is the nature of the satisfaction required to invoke the power u/s 319 Code of Criminal Procedure to arraign an accused? Whether the power u/s 319(1) Code of Criminal Procedure can be exercised only if the court is satisfied that the accused summoned will in all likelihood be convicted?
Question No. V
Q. V Does the power u/s 319 Code of Criminal Procedure extend to persons not named in the fir or named in the FIR but not charge-sheeted or who have been discharged?