SC: Power u/s 319 CrPC unaffected by non filing of protest petition

The Hon’ble Supreme Court, on 10th December 2019, in the matter of Saeeda Khatoon Arshi v. State of UP & Anr observed that non filing of protest petition at the time of submission of challan does not render the court powerless to exercise its powers under Section 319 on the basis of the evidence which emerge during the course of the trial.

The Hon’ble Supreme Court observed that:

Section 319 of the Code of Criminal Procedure 1973 (CrPC) empowers the court to proceed against a person appearing to be guilty of an offence where, in the course of any enquiry 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. (Para 28)

The fact that a protest petition had not been filed by the complainant when the report was submitted under Section 173, CrPC does not render the court powerless to exercise its powers under Section 319 on the basis of the evidence which emerge during the course of the trial. (Para 28)

Copy of judgement:Judgement_10-Dec-2019

-Adv. Tushar Kaushik

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