Published on:18 July 2023 at 13:30 IST
Court: Supreme Court
Citation: Hardeep Singh V. State of Punjab (2014)
Honourable Supreme Court of India has held that the power under Section 319 of the Code of Criminal Procedure, 1973 can be exercised against a person not subjected to investigation, or a person placed in Column 12 of the charge-sheet and against whom cognizance had not been taken, or a person who has been discharged. However, it is held that no proceeding can be initiated directly under Section 319 CrPC without taking recourse to provisions of Section 300(5) read with Section 398 CrPC against a person who has been discharged by the Court.
115. Power under Section 398 CrPC is in the nature of revisional power which can be exercised only by the High Court or the Sessions Judge, as the case may be. According to Section 300(5) CrPC, a person discharged under Section 258 CrPC shall not be tried again for the same offence except with the consent of the court by which he was discharged or of any other court to which the first-mentioned court is subordinate.
Further, Section 398 CrPC provides that the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make an inquiry into the case against any person who has already been discharged. Both these provisions contemplate an inquiry to be conducted before any person, who has already been discharged, is asked to again face trial if some evidence appears against him.
As held earlier, Section 319 CrPC can also be invoked at the stage of inquiry. We do not see any reason why inquiry as contemplated by Section 300(5) CrPC and Section 398 CrPC cannot be an inquiry under Section 319 CrPC. Accordingly, a person discharged can also be arraigned again as an accused but only after an inquiry as contemplated by Sections 300(5) and 398 CrPC. If during or after such inquiry, there appears to be an evidence against such person, power under Section 319 CrPC can be exercised. We may clarify that the word “trial” under Section 319 CrPC would be eclipsed by virtue of above provisions and the same cannot be invoked so far as a person discharged is concerned, but no more.
Drafted By Abhijit Mishra
