Legal Question in Criminal Law in India

According to 319 crpc court can summon accused if the accused is not a part of any case and investigating agency clear out the name from the case ...but some people misuse the 319 crpc ..due to this it is the wastage of time and money of govt....it is right or wrong ? if any person is not doing any crime but court summoned..and the person is mentally and finacially disturb ?it is right or wrong please answer me


Asked on 2/21/14, 8:09 am

2 Answers from Attorneys
AMAN SHARMA SHUBH C SHARMA and company

This is not a query, rather you are asking as opinion. Kindly be specific whether you have been summoned? But still now you have asked, yes 319 has got liberal approach by supreme courts. However, it is not easy to misuse, as it has to be satisfaction of court. In what context you are saying it as wastage of time? Because the complainant moving an application under 319crpc is not moving that to delay proceedings or to waste time.. and financial capacity of person to be summoned is irrelevant however it will depend on case to case.

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Answered on 2/21/14, 8:22 am
KAMAL GROVER

It is wrong but it is a part of justice. Coz sometimes people pay the money to the IO and police authorities and swap their names. Hence this section is entered to save the justice, but if u r innocent then need not to worry. You can later on sue the persons who drag you in this case.

Good luck.

Regards

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Answered on 2/24/14, 10:19 am


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