Section 319 CrPC power to summon additional accused after conviction flagged for larger Bench review.

The order examines the scope and timing of the power to summon additional accused under Section 319 CrPC, including whether the trial court becomes functus officio after convicting the tried accused on the same day. It notes the tension between earlier and later formulations of the governing law, stresses that the extraordinary power under Section 319 must be exercised with caution to protect fair trial rights, and treats the issue as important enough to warrant larger Bench consideration. No substantive adjudication was made; the matters were directed to be placed before the Chief Justice of India for constitution of an appropriate Bench.

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Issues: Whether the trial court could summon additional accused under Section 319 of the Code of Criminal Procedure, 1973 after conviction of the tried accused on the same day, and whether the matter required consideration by a larger Bench.

Analysis: The order examined the stage and scope of the power under Section 319 of the Code of Criminal Procedure, 1973 in the context of the timing of the summoning order, the effect of prior authority, and the argument that the trial court had become functus officio. It noted that the questions raised involved a perceived gap between earlier and later formulations of the governing law and that the issue was of sufficient importance to be considered by a larger Bench. The Court also emphasised the need for caution in exercising the extraordinary power under Section 319 and for preserving fair trial concerns.

Conclusion: No final adjudication on the substantive questions was rendered in this order; the matters were directed to be placed before the Chief Justice of India for constitution of an appropriate Bench.

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