Supreme Court Restores Sessions Judge Order in Section 319 CrPC Case: Satbir Singh vs Rajesh Kumar
The Supreme Court of India recently delivered a significant judgment in the case of Satbir Singh vs Rajesh Kumar & Others, addressing the scope and application of Section 319 of the Code of Criminal Procedure (CrPC). The judgment, pronounced on April 1, 2025, by Justices Dipankar Datta and Manmohan, allowed the appeal filed by Satbir Singh and set aside the order of the Punjab and Haryana High Court, thereby restoring the order of the Additional Sessions Judge, Karnal. The case revolved around the summoning of additional accused under Section 319 CrPC in a criminal trial involving charges under Sections 323, 324, 307, and 506 of the Indian Penal Code (IPC) and Section 25 of the Arms Act.
Background of the Case
The case originated from an incident on February 9, 2020, in village Rasulpur Khurd, District Karnal, Haryana. Satbir Singh, an Indian Army personnel on leave, was playing volleyball when an altercation broke out with Mukesh, a member of the opposing team. The dispute escalated, leading to a violent assault on Satbir Singh. According to his statement, Mukesh, accompanied by Neeraj, Sagar @ Bittoo, and Ankit, attacked him with a knife, lathi, and danda. Satbir sustained severe injuries, including a knife wound near his heart, which penetrated his lungs. He was hospitalized and remained unfit to record his statement until February 14, 2020.
Based on Satbir’s statement, a cross-case was registered against Mukesh, Rajesh Kumar, Neeraj, Sagar @ Bittoo, and Ankit. However, during the investigation, the involvement of Rajesh and Ankit was not substantiated, and a closure report was filed. Mukesh was arrested and charges were framed against him. During the trial, Satbir Singh filed an application under Section 319 CrPC to summon Rajesh, Neeraj, Sagar @ Bittoo, and Ankit as additional accused. The Sessions Judge allowed the application, but the High Court set aside this order, leading to the appeal before the Supreme Court.
Key Arguments
Arguments by the Appellant (Satbir Singh)
The appellant contended that:
- The Sessions Judge correctly exercised the power under Section 319 CrPC based on the evidence presented during the trial, particularly Satbir’s examination-in-chief, which detailed the involvement of Rajesh, Neeraj, Sagar @ Bittoo, and Ankit in the assault.
- The High Court erred in disregarding the Sessions Judge’s satisfaction, which was based on the principles laid down in Hardeep Singh v. State of Punjab, a Constitution Bench decision of the Supreme Court.
- The medical evidence and the nature of injuries sustained by Satbir corroborated his allegations against the additional accused.
Arguments by the Respondents (Rajesh Kumar & Others)
The respondents argued that:
- The police investigations, including reports by multiple Deputy Superintendents of Police, did not find any evidence of their involvement in the crime.
- The High Court rightly concluded that the Sessions Judge’s order was not supported by sufficient material to summon them under Section 319 CrPC.
- The injuries described by Satbir were inconsistent with the weapons allegedly used by the respondents (lathi and danda), as the medical reports only mentioned injuries caused by a sharp weapon (knife).
Court’s Analysis and Decision
Applicability of Section 319 CrPC
The Supreme Court extensively referred to the Constitution Bench decision in Hardeep Singh v. State of Punjab, which laid down the principles for exercising power under Section 319 CrPC. The Court reiterated the following key points:
“117.1. In Dharam Pal case [(2014) 3 SCC 306], the Constitution Bench has already held that after committal, cognizance of an offence can be taken against a person not named as an accused but against whom materials are available from the papers filed by the police after completion of the investigation. Such cognizance can be taken under Section 193 CrPC and the Sessions Judge need not wait till ‘evidence’ under Section 319 CrPC becomes available for summoning an additional accused.”
The Court emphasized that the word “evidence” in Section 319 CrPC should be broadly understood and not limited to evidence recorded during trial. It includes materials collected during investigation and inquiries.
High Court’s Error
The Supreme Court observed that the High Court failed to appreciate the Sessions Judge’s satisfaction, which was based on the evidence presented during the trial. The Court noted:
“We are, however, of the opinion that no conclusive finding can be given that Rajesh and Neeraj were not involved merely on the basis of such reports. Having regard to the version of the appellant in course of examination-in-chief, the Sessions Judge formed a satisfaction higher than a prima facie satisfaction of the alleged involvement of Rajesh and Neeraj and that their complicity in the crime has to be examined and tested on evidence being led at the trial.”
The Court held that the High Court should have adopted a “hands off” approach, as the Sessions Judge’s conclusion was plausible and not absurd.
Final Judgment
The Supreme Court allowed the appeal, set aside the High Court’s order, and restored the Sessions Judge’s order summoning Rajesh and Neeraj as additional accused. The Court clarified that its observations were solely for the purpose of disposing of the appeal and should not influence the trial.
Conclusion
This judgment reinforces the principles laid down in Hardeep Singh v. State of Punjab regarding the exercise of power under Section 319 CrPC. It underscores the importance of judicial satisfaction based on evidence and the need for appellate courts to exercise restraint in interfering with such orders. The decision ensures that individuals against whom credible evidence exists can be brought to trial, even if they were not initially charge-sheeted.
Petitioner Name: Satbir Singh.Respondent Name: Rajesh Kumar and Others.Judgment By: Justice Dipankar Datta, Justice Manmohan.Place Of Incident: Rasulpur Khurd, Karnal, Haryana.Judgment Date: 01-04-2025.
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