ORDER
D.N. Prasad, J.
1. This is an application
under Section 482 of the Code of Criminal
Procedure for quashing the order dated
15.9.2001 whereby and whereunder the
learned Court below rejected the prayer of the
petitioner for issuance of summon against the
persons named in the application filed by the
petitioner dated 24.3.2001 and to be added
as accused.
2. Learned counsel for the petitioner submitted that M/s Vardhaman Chemical Limited was one the repackers of M/s Tata Chemicals Ltd. which will be evident from Annexure-3 itself. It is further submitted that it has been established that M/s Vardhaman Chemical Ltd. and M/s Sidharth Sales Corporation are directly involved in the alleged crime and the evidence has collected against them as PW 4 has stated in his evidence about their involvement but the learned Court below rejected the prayer of the petitioner only on mere conjecture. It Is also submitted that the evidence collected during trial against the accused persons and therefore Section 319, Cr PC will apply and the persons involved in the crime has to be summoned. Section 319, Cr PC reads as under:–
“319. Power to proceed against other persons appearing to be guilty of offence.–(1) Where, in the course or any Inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed.
(2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid.
(3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.
(4) Where the Court proceeds against any person under Sub-section (1) then.-
(a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard;
(b) subject to the provisions of Clause (a), the case may proceed as if such person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced.”
3. From perusal, it appears that the witnesses including PW-4 stated about the involvement of M/s Sidharth Sales Corporation as well M/s Vardhaman Chemicals Ltd. and as such their partners and Directors are
said to be involved in the offence and for which Section 319, Cr PC is attracted.
4. From perusal of the order impugned. It appears that the Court below rejected the prayer of the petitioner on assumption rather the Court below ought to have passed the order to summon those persons against whom the evidence has come during trial as they should be summoned under Section 319, Cr PC.
5. Trial Court can even summon person who has already been discharged by the police if some evidence transpires against such person during trial.
6. Under the above facts and circumstances, this application is disposed of by remitting back this matter to the trial Court for re-consideration and for passing order afresh after hearing both sides, in accordance with law.
7. The order dated 15.9.2001 is, hereby,
quashed.