Ss. 319 and 227 CrPC, interpreted and distinguished

Supreme Court: Interpreting
Section 319 and 227 of CrPC, the bench of S.A. Bobde and R.K. Agrawal, JJ said
that under Section 319 a person who is not an accused becomes liable to be
added where he appears to have committed an offence whereas Section 227 on the
other hand, provides that an accused may be discharged if the Judge construes
that there is no sufficient ground for the proceedings against him.Stating that
both the provisions have opposite effect, the Court explained that The power
under Section 319 results in the summoning and consequent commencement of the
proceedings against a person who was hitherto not an accused and the power
under Section 227 results in termination of proceedings against the person who
is an accused.

Rejecting the
contention that under Section 227 of the Cr.P.C., the only qualification
necessary is that the person should be accused, the Court held that the accused
summoned under Section 319 of the Cr.P.C. are entitled to invoke remedy under
law against an illegal or improper exercise of the power under Section 319, but
cannot have the effect of the order undone by seeking a discharge under Section
227 of the Cr.P.C. The Court further said that an order for addition of an
accused made after considering the evidence cannot be undone by coming to the
conclusion that there is no sufficient ground for proceeding against the
accused without appreciation of evidence. Hence, it was held that a person who
is an accused under Section 319 ought not to be given an opportunity to avail
of the remedy of discharge under Section 227 since it would be contrary to the
scheme and intent of the Cr.P.C. [Jogendra Yadav v. State of Bihar, Criminal
Appeal No. 343 of 2012, decided on 15.07.2015]

 
Source: Legal news India

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