Power to Summon Post Charge-Sheet Filing: Standards and Conditions

The court clarified that the power under Section 319 Cr.P.C. can be exercised post charge-sheet filing and pre-judgment based on trial evidence. The standard of satisfaction for summoning is higher than for framing charges but lower than for conviction. The power applies to persons not named in the FIR, named but not chargesheeted, and discharged individuals, subject to procedural conditions. For discharged parties, an inquiry under Sections 300(5) and 398 Cr.P.C. must precede re-summoning under Section 319 Cr.P.C.

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Issues Involved:
1. Stage at which power under Section 319 Cr.P.C. can be exercised.
2. Meaning of "evidence" in Section 319(1) Cr.P.C.
3. Nature of satisfaction required for invoking the power under Section 319 Cr.P.C.
4. Applicability of power under Section 319 Cr.P.C. to persons not named in the FIR, named in the FIR but not chargesheeted, or who have been discharged.

Detailed Analysis:

1. Stage at which power under Section 319 Cr.P.C. can be exercised:
The power under Section 319 Cr.P.C. can be exercised at any time after the charge-sheet is filed and before the pronouncement of judgment, except during the pre-trial stage (Sections 207/208 Cr.P.C., committal, etc.). The court becomes functus officio only after the trial concludes. The term "course" in Section 319 Cr.P.C. covers the entire process from the initial stage of inquiry to the conclusion of the trial. The power is exercisable by the court (Court of Sessions or Court of Magistrate) and not by any officer not acting as a court.

2. Meaning of "evidence" in Section 319(1) Cr.P.C.:
The word "evidence" in Section 319(1) Cr.P.C. is limited to the evidence recorded during the trial. It includes oral statements made by witnesses and documentary evidence produced before the court. Material collected during the investigation, such as statements recorded under Section 161 Cr.P.C., does not constitute evidence for the purpose of Section 319 Cr.P.C. The evidence must be such that it appears during the inquiry or trial and not merely from the charge-sheet or case diary.

3. Nature of satisfaction required for invoking the power under Section 319 Cr.P.C.:
The degree of satisfaction required is stricter than the prima facie case standard used for framing charges. The court must be satisfied that there is strong and cogent evidence against the person to be summoned, indicating that their involvement in the offense is likely to lead to a conviction if the evidence goes unrebutted. The power should be exercised sparingly and only in cases where there is a high probability of conviction based on the evidence presented.

4. Applicability of power under Section 319 Cr.P.C. to persons not named in the FIR, named in the FIR but not chargesheeted, or who have been discharged:
The power under Section 319 Cr.P.C. extends to:
- Persons not named in the FIR.
- Persons named in the FIR but not chargesheeted.
- Persons who have been discharged, provided the requirements of Sections 300 and 398 Cr.P.C. are met.

For persons discharged, the court must conduct an inquiry as contemplated by Sections 300(5) and 398 Cr.P.C. before summoning them afresh under Section 319 Cr.P.C.

Conclusion:
The judgment clarifies that the power under Section 319 Cr.P.C. can be exercised at any stage after the charge-sheet is filed and before the judgment is pronounced, based on evidence recorded during the trial. The degree of satisfaction required for summoning a person under Section 319 Cr.P.C. is higher than that for framing charges but less than that required for conviction. The power extends to persons not named in the FIR, named but not chargesheeted, and those discharged, subject to compliance with specific procedural requirements.

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