Allahabad High Court: Explaining the scope of power of the Court under Section 319 CrPC, Surendra Singh, J. held that just on the basis of evidence adduced before it if it appears to the Court that a person against whom no charge has been framed but his complicity makes it clear that he should be tried along with the other accused then as per S.319 of CrPC, the Court can invoke it’s power to try such person. Further, it was held that as per S. 319(4)(b) CrPC, the accused, subsequently impleaded, is to be treated as if he had been an accused when the Court initially took cognizance of the offence and that the degree of satisfaction that will be required for summoning a person under Section 319 CrPC would be the same as for framing a charge. The Court also held that under the said provision Trial Court is not required to wait for cross-examination as it can take action on the basis of statement made by the concerned examination-in-chief. Jabardin Khan v. State of U.P. Criminal Misc. Writ Petition No. – 8865 of 2014, Decided on May 23, 2014
To read the full judgment, click here