Supreme Court: Person Not Named In FIR Can Be Added As Accused If There's Sufficient Evidence Of His Involvement. Case Titled: Jitendra Nath Mishra v. State of U. P. & Anr. Date of Decision: 2nd JUNE, 2023.
PARA -9 : Section 319, CrPC: Envisages a
discretionary power, empowers the court holding a trial to proceed against any
person not shown or mentioned as an accused if it appears from the evidence
that such person has committed a crime for which he ought to be tried together
with the accused who is facing trial. Such power can be exercised by the court
qua a person who is not named in the FIR, or named in the FIR but not shown as
an accused in the charge sheet.
PARA -9: Therefore, what is essential for
the exercise of the power under section 319, Cr. PC is that the evidence on
record must show the involvement of a person in the commission of a crime and
that the said person, who has not been arraigned as an accused, should face
trial together with the accused already arraigned.
PARA -9: However, the court holding a trial, if it intends to exercise power conferred by section 319, Cr. PC, must not act mechanically merely on the ground that some evidence has come on record implicating the person sought to be summoned; its satisfaction preceding the order there under must be more than prima facie as formed at the stage of a charge being framed and short of satisfaction to an extent that the evidence, if unrebutted, would lead to a conviction.
Case law relied upon: Hardeep Singh vs. State of Punjab (2014) 3 SCC 92, paragraphs 106, 117.4, and 117.6.
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