
S.319 Cr PC| Person Not Named In FIR Can Be Added As Accused If There's Sufficient Evidence Of His Involvement : Supreme Court
Live LawThe Supreme Court recently upheld an order of Allahabad High Court which dismissed an appeal filed by a person, who was not named in the FIR, under Section 14A of the Scheduled Castes and Scheduled Tribes Act, 1989 against a summoning order to face the trial passed by a Special Court in exercise of power its under Section 319 of CrPC, on the ground that the Special Court formed the requisite satisfaction prior to summoning the appellant to face trial with another accused. The Special Court passed the order dated October 16, 2021 summoning the appellant for trial along with Dharmendra for offences punishable under Sections 323, 504 and 506 of IPC and 3 & of the Act of 1989. On the other hand, the Counsel appearing for the State of Uttar Pradesh submitted that the Special Court duly took into consideration the oral evidence adduced by the complainant and his wife and summoned the appellant under Section 319 of CrPC, hence, such order does not suffer from any illegality. The Court observed that the Special Court formed the requisite satisfaction prior to summoning the appellant to face trial with Dharmendra.
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