SC refers to larger bench issue of summoning additional accused after pronouncing verdict

The Supreme Court Friday referred to a larger bench the issue of whether a lower court has the power to summon additional accused even after having decided a criminal case against the others involved.

A bench of Justices N V Ramana and Mohan M Shantanagoudar framed three questions of law on the scope and ambit of section 319 (power to proceed against other persons appearing to be guilty of offence) of CrPC and referred the matter to the registry to place it before the Chief Justice of India for constituting a larger bench to adjudicate these issues.

The three issued framed by the bench include, whether the trial court has the power under section 319 of CrPC for summoning additional accused when trial with respect to other co-accused has ended and the verdict of conviction rendered on the same date before pronouncing the summoning order.

In its verdict, the court said the larger bench would also decide "whether the trial court has the power under section 319 of the CrPC for summoning additional accused when the trial in respect of certain other absconding accused (whose presence is subsequently secured) is ongoing/ pending, having been bifurcated from the main trial?"