Police cannot decide fate of accused: SC
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.''
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