Khushi Bajpai
Published on: 10 August, 2022 at 19:49 IST
Whether an accused added under Section 319 CrPC can seek discharge under Section 227 CrPC? The supreme court agreed to examine the issue raised in a special leave petition.
Appearing for the petitioner in this was Senior Advocate S.Nagamuthu who contended that this issue was answered in the negative in Jogendra Yadav vs State of Bihar (2015) 9 SCC 244 and that the said view cannot be called as the correct view in law.
“We are therefore, of the view that it will be appropriate to examine the correctness of the said proposition”, the bench comprising of Justice BR Gavai and PS Narasimha observed. Senior advocate Ranjit Kumar has been appointed as amicus curie in this matter.
In Jogendra Yadav’s case (supra), it was held that an order for addition of an accused made after considering the evidence cannot be underdone by coming to the conclusion that there is no sufficient ground for proceeding against the accused without appreciation of evidence. It does not stand to reason that a person who is summoned as an accused to stand trial and added as such to the proceedings on the basis of a stricter standard of proof such as a prima facie connection with the offence necessary for charging the accused, the court had observed in this matter.