Power of Magistrate to summon a person for trial whose name is mentioned in column 2 of the Charge-sheet

Supreme Court: Answering a substantial question of law regarding the power of Magistrate to summon a person for trial whose name is mentioned in column 2 of the Charge-sheet, the 5-judge constitutional bench held that the Magistrate has ample power to disagree with the charge-sheet filed under S. 173(3) Cr.P.C. and proceed against the accused persons named in Column 2 of charge-sheet, because if the Magistrate waits till the stage in S. 319 Cr.P.C. is reached, then there might be a situation where evidences might be found against the accused and the trial would have to be commenced de novo which would result in prolonging the same. The Court, further, said that the decision given by this Court in case of Kishun Singh Vs. State of Bihar, (1993) 2 SCC 16 is acceptable and the Session Courts have jurisdiction to take cognizance of the offences of the persons not named as offenders but whose complicity in the case would be evident from the materials available on record. Hence, even without recording evidence, upon committal under Section 209, the Session Judge may summon those persons shown in column 2 of the police report to stand for trial.

The present matter was place before the 5-judge Constitutional bench as the 3-judge bench disagreed with the decion of the another 3-judge bench in Ranjit Singh Vs. State of Punjab, (1998) 7 SCC 149 which disapproved of the obeservations made in Kishun Singh case. [Dharam Pal v. State Of Haryana, CRIMINAL APPEAL NO. 148 of 2003, decided on July 18, 2013]

Print Page