VidhiSangh

Supreme Court of India · 10/12/2019

SAEEDA KHATOON ARSHI versus STATE OF UP & ANR

[2019] 14 S.C.R. 829 · 2019 INSC 1355

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Summary

The Court restored an order summoning the deceased woman’s husband under Section 319 CrPC on evidence emerging at trial. The Sessions Judge had carefully assessed testimony about harassment, the circumstances of the death within the matrimonial home and the subsequent events against the governing evidentiary threshold. Neither the existing prosecution of another person for abetment of suicide nor the absence of an earlier protest petition precluded the statutory power.

Issues

  1. Whether the trial evidence met the threshold for summoning an additional accused under Section 319.
  2. Whether the existing charge and failure to file a protest petition restricted that power.

Provisions considered

Held

Result

Appeal allowed. The High Court judgment of 12 April 2019 was set aside and the Sessions Court order of 29 January 2019 summoning the second respondent under Section 319 CrPC upheld. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2019] 14 S.C.R. 829.