As per a latest jugment reported in RCR(Criminal)-2012(1) : police registered a case against three persons but presented challan (Report U/S 173 Cr.P.C.) only against one accused while declaring other two accused innocent. After presentation of Challan Magistrate committed the case to Sessions Court for trial. Subsequently complaainant filed a private complaint before the magistrate. Magistrate after preliminary evidence summoned all the three accused to face trial. Accused challanged the summoning order. Matter ultimately recheahed before Supreme Court.
Supreme Court Held that once case has been committed to sessions court for trial, additional accused can be summoned only through S.319 Cr.P.C. and Magistrate has no jurisdiction to summon accused u/s 204(1) Cr.P.C.
Does not this judgment of Supreme Court violate the basis provisions of Section 190 Cr.P.C. ?
Suppose police is helping the accused then what will be the remedy for complainant?
Kindly help me to properly interprit this judgment.
I am in urgent need of case law on the subject. Kindly help.
