Power of Courts under S. 319 CrPC to proceed against other persons appearing to be guilty of offense is a discretionary and an extra-ordinary

Punjab and Haryana High Court:  In a review petition filed against the order of learned Additional Sessions Judge, Faridakot in which the Petitioner has been summoned to face trial as an additional accused for cheating, forgery of documents and criminal conspiracy, the Court discussed the provision under Section 319 CrPC and said that the power under Section 319 of the Code of Criminal Procedure is a discretionary and an extra-ordinary power.

In the present case, an application under section 319 of CrPC was moved by the Prosecution which was accepted by the Court. The Court allowed the petition while examining the features of Section 319 CrPC and after referring to various judgments of the Supreme Court, came to the conclusion that under the said provision, there is no compelling duty of the Court to proceed against other persons and that the power under Section 319 CrPC is to be exercised sparingly and only in those cases where the circumstances of the case so warrant. [Amaninder Singh Sekhon v. State of Punjab, 2016 SCC OnLine P&H 4227, decided on 23.5.2106].

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