Person not chargesheeted has no right to be heard before summons: Supreme Court
The bench was considering a legal question on Section 319 of the Code of Criminal Procedure (CrPC).
Section 319 of the CrPC empowers the court to proceed against other persons appearing to be guilty of offence if it comes to light during the inquiry or trial that the person, who is not named as an accused, has committed the offence.
«Section 319 does not contemplate that a summoned person must be given an opportunity of being heard before being added as an accused to face the trial. A right of hearing would accrue only to a person who is already discharged in the very same proceeding prior to the commencement of the trial,» the bench said.
Justice Pardiwala, who authored the judgments, further said, «This is different from holding that a person who has been summoned as per Section 319 CrPC has a right of being heard in accordance with the principles of natural justice before being added as an accused to be tried along with the other accused. However, after the rejection of an application under Section 319, a right enures in favour of the proposed accused.»
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