Police has removed the names of my family members in false 498a but court can put their names back read How?
The power of court under 319 Crpc
If you are facing false 498a and your family members are also implicated in the case.
Sometimes police assures you that the name of some of the family members will be removed and they will place the family members in the column 12 of the charge sheet in lieu of course you give illegal favor to the police.
But what is the risk?
Well court can use it powers under 319 Crpc and can put the members back into the case here is How?
Section 319 CrPC deals with court’s power to summon the additional accused.
If investigative agency failed to array someone as accused the section 319 is an enabling provision. this section empowers accused to be arrayed. The provision empowers the court for calling such persons to face trial. The section stipulated that court can summon any additional accused. If it appears from the evidence during course of inquiry or trial, that such a person is an accused. Held in Sukhpal singh Kher Vs. state of punjab.
The power of section 319 is extraordinary and discretionary is to be excercized sparingly held in Sugreev Kumar V. state of punjab.
The court must be satisfied that there exist a prima facie case which is held in the landmark case of Hardeep Singh Vs. State of Punjab
This power (under Section 319(1)), it seems clear to us, can be exercised only if it so appears from the evidence at the trial and not otherwise. Therefore, this sub-section contemplates existence of some evidence appearing in the course of trial wherefrom the court can prima facie conclude that the person not arraigned before it is also involved in the commission of the crime for which he can be tried with those already named by the police. Even a person who has earlier been discharged would fall within the sweep of the power conferred by S. 319 of the Code.
If at an earlier point of time supplementary chargesheet was ignored and accused was discharged but at a later stage supplementary chargesheet was filed with 319 CrPC application the trial court can proceed if there is material. held in Deepu Vs. State of MP
The court has to keep in mind the statement of the witness is not that to take revenge. held in Rajesh Vs State of Haryana
Summoning of accused niether named in FIR or 161 is not allowed
So in 498a cases what you have to do is either go through the formal procedure of quashing or discharge if you want to be sure about keeping relatives safe.
By Adv. Nitish Banka