Suman Vs. State of Rajasthan
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The Code of Criminal Procedure, 1973 - Section 193 , Section 209 , Section 319
Summoning of a person as additional accused - Scope of Section 319 Criminal Procedure Code explained - Held - Section 319 Criminal Procedure Code applies to all the Courts including the Sessions Court - Whether a Sessions Court can take cognizance against a person qua whom there is no committal order(yes) - There is nothing in sub-Section (4) of Section 319 Criminal Procedure Code from which it can be inferred that a person who is named in the FIR or complaint but against whom charge-sheet is not filed by the police, cannot be proceeded against even though in the course of any inquiry into or trial of any offence the Court finds that such person has committed any offence for which he could be tried together with the other accused, (1979) 1 SCC 345 relied.
The Code of Criminal Procedure, 1973 - Section 319 , Indian Penal Code,1860 - Section 498-A , Section 406
Summoning of a person as additional accused - Demand of dowry and harassment to wife - FIR under Section 448A, 406, 377 Indian Penal Code lodged by wife against husband, his father and mother and married sister - Charge-sheet filed against husband the accused and his parents except the sister - Investigating officer opined that she was living separately at some other place and caused no harassment - Application under Section 319 Criminal Procedure Code - Sister summoned to face trial - No illegality.
The Code of Criminal Procedure, 1973 - Section 319
A person named in FIR or complaint as accused; but Police did not file charge sheet against him - Court can summon the person as accused.
Topic(s)-
Important Decision(s)- A person named in FIR or complaint as accused; but Police did not file charge sheet against him - Court can summon the person as accused.