Single Judge allowed quashing of summons under Section 319 Cr.P.C. as petitioner was not in FIR; adding him during trial via contradictory statement invalidated prosecution.
summons issued under Section 319 Cr.P.C. is quashed so far as the petitioner is concerned.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10916 of 2012
Arising Out of PS.Case No. -0 Year- null Thana -null District- PATNA
=========================================================== Dasrath Singh S/O Late Ram Pujan Singh Resident of New Jakkanpur, P.S.Jakkanpur, District- Patna, At Present Residing At Mohalla- Mithapur 'B' Area, P.S.- Jakkanpur, District- Patna
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
=========================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kumar Singh, Adv. Mr. Tulika Singh, Adv. For the CBI : Mr. Bipin Kumar Sinha, Adv.
=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 22-02-2016
Counter affidavit filed on behalf of the Central Bureau of
Investigation, be kept on record.
The petitioner seeks quashing of the order dated 18.08.2010 by which the Special Judge, CBI, South Bihar Patna in Special Case No. 15 of 1994 has summoned the petitioner to face the trial under Section 319 Cr.P.C.
Without going into the controversies which were raised in regard to recording the orders by the Court below, it is sufficient to say that the petitioner was not named in the first information report as a person who had demanded bribe. It is only during the trial that such
Patna High Court Cr.Misc. No.10916 of 2012 dt.22-02-2016
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an statement was made. In such circumstances, evidently this statement is an omission amounting to contradiction which will make his prosecution a nullity.
Hence the application stands allowed and the proceedings including the order dated 18.08.2010 by which the Special Judge, CBI, South Bihar, Patna in Special Case No. 15 of 1994 has summoned the petitioner, is hereby quashed so far as the petitioner is concerned.
(Anjana Prakash, J)
Prakash/U T
2 issues framed by the court
Whether the summons issued under Section 319 Cr.P.C. should be quashed when the petitioner was not named in the FIR and was added during trial.
Whether a statement made during trial without prior identification in the FIR amounts to a contradiction rendering prosecution a nullity.
1 provisions across 1 enactments
Dasrath Singh
C.B.I.
Binod Kumar Das
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
