The Supreme Court on Monday said that the trial court can summon new accused for trial under the Code of Criminal Procedure (CrPC). However, the order summoning the accused has to be issued before the persons convicted in the cases are sentenced. A five-judge constitution bench headed by Justice S.A. Nazeer ruled on the issue of whether a trial court has the power to issue summons to an additional accused in the circumstances when a criminal case against other accused has been decided. Have been taken
A five-judge constitution bench issued guidelines on the procedure to be followed by the trial court. The bench said that if the trial court finds evidence or application regarding the involvement of any other person in the commission of the offense on the basis of the evidence recorded at any stage in the trial before passing order on acquittal or punishment under section 319 of Cr.P.C. is filed then at that stage the court will decide to summon the additional accused and pass orders thereon.
A bench of Justices S Abdul Nazeer, BR Gavai, AS Bopana, V Ramasubramaniam and BV Nagaratna said that if the trial court decides for a joint hearing, then the hearing will start afresh only after ensuring the presence of the summoned accused. Will. If the decision is that the accused summoned are liable to be tried separately, there shall be no bar to the Court to continue and terminate the trial against the accused with whom the proceedings were being conducted.
If Section 319 of CrPC is invoked for summoning new accused by the trial court after reserving judgment in the case, then the court has to take care of these things. If it has been decided to conduct a separate hearing in the case of the summoned accused, fresh proceedings can be initiated against the accused.