BRINDABAN DAS & Ors. v. STATE OF WEST BENGAL

In the instant appeal, it was contended for the appellants that there was no direct evidence against them which could have formed the basis for issuance of summons u/s 319 Cr.P.C. and the entire case was hear say in nature, that the trial court ought not to have issued summons u/s 319 Cr.P.C. without recording satisfaction as to the sufficiency of evidence on record for securing conviction against the appellants. c D Allowing the appeal, the Court HELD: 1.1. In matters relating to invocation of powers u/s 319 Cr.P.C., the Court is not merely required to take E note of the fact that the name of a person who has not been named as an accused in the F .l.R. has surfaced during the trial, but it has also to consider whether such evidence would be sufficient to convict the person being summoned. Since issuance of summons u/s 319 Cr.P.C. entails a denovo trial and a large number of witnesses F may have to be examined and their re-examination could prejudice the prosecution and delay the trial, the trial court has to exercise such discretion with great care and perspicacity. [Para 18) [96-F-H; 97-A] G

1.2. The power u/s 319 Cr.P.C. is to be invoked, not as a matter of course, but in circumstances where the invocation of such power is imperative to meet the ends of justice. The fulcrum on which the Invocation of Section 319 Cr.P.C. rests is whether the summoning of persons H other than the named accused would make such a BRINDABAN DAS AND ORS v. STATE OF WEST BENGAL 89 difference to the prosecution as would enable it not only A to prove its case but also to secure conviction of the persons summoned. [Paras 18 and 19] [97-B-C] ·