New Delhi, Nov 13 (UNI) The Supreme Court has directed that the police cannot give a clean chit to an accused as it is the job of a court only.
A bench comprising Justices C K Thakker and D K Jain also referred two important issues regarding the interpretation of section 319 of the CrPC to a three-judge bench.
The first issue referred was when the power under sub section 1 of section 319 of the code, of addition of accused can be exercised by a court? Whether application under section 319 is not maintainable unless the cross examination of the witness is complete? The second issue was, what is the test and what are the guidelines of exercising power under sub section 1 of section 319 of the code? Whether such power can be exercised only if the court is satisfied that the accused summoned in all likelihood would be convicted? The apex court set aside the judgement of the Punjab and Haryana High Court dismissing the revision petition of the complainant for summoning Vijay Preet Singh, son of Chairman of Panchayat Samiti Samana Sukhvinder Singh.
The apex court directed that Vijay Preet Singh, who was named in the FIR, ought to have been included in the charge sheet and the application under section 319 of the code deserved to be allowed.
A trial court had, earlier, refused to summon Vijay Preet and two others as accused in an attempt to murder case.
The apex court said, ''We may only state that the investigating officer was required to submit report in terms of section 173 of the code and nothing more. He should not record a finding nor he can give clean chit, which is a function and power of the Magistrate, who will exercise the said power as provided in the code.'' Regarding the reference of the two important issues for the consideration of the three-judge bench in view of the conflicting views, the apex court said, ''We direct the registry to place the matter before the honourable Chief Justice of India for taking an appropriate action.'' UNI SC SW RP PM1728