LexYADWINDER SINGH versus LAKHI ALIAS LAKHWINDER SINGH & ANR. ETC.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2025] 3 S.C.R. 1407 : 2025 INSC 420 Yadwinder Singh v. Lakhi Alias Lakhwinder Singh & Anr. Etc. (Criminal Appeal No(s). 1713-1720 of 2025) 26 March 2025 [Ahsanuddin Amanullah* and Prashant Kumar Mishra,* JJ.] Issue for Consideration Whether the High Court was justified in setting aside the order of the Trial Court issuing summons u/s.319, CrPC against the private respondents. Headnotes† Code of Criminal Procedure, 1973 – s.319 – Power to proceed against other persons appearing to be guilty of offence – Murder of the appellant-informant’s brother, political rivalry alleged – FIR filed – SIT set up, no evidence found against the private respondents – Trial Court issued summons to the private respondents – High Court set aside the summons issued – Interference with: Held: Though, the SIT found no evidence against the private respondents however, this by itself puts no fetters on the powers conferred u/s.319 – Moreover, eye-witnesses named the private respondents as persons present on the site of occurrence – Absolving the private respondents based on the SIT’s findings alone is not in the interests of justice – A case is made out to summon the private respondents – On facts, discretion exercised by the Trial Court neither capricious, nor arbitrary or mechanical – Impugned order set aside – Trial Court to issue fresh summons. [Paras 16-18] Code of Criminal Procedure, 1973 – s.319 – Power to proceed against other persons appearing to be guilty of offence – Exercise of – Scope and ambit, discussed. [Paras 11-15] Case Law Cited Hardeep Singh v. State of Punjab [2014] 2 SCR 1 : (2014) 3 SCC 92; Ramesh Chandra Srivastava v. State of Uttar Pradesh [2021] * Author 1408 [2025] 3 S.C.R. Supreme Court Reports 6 SCR 219 : (2021) 12 SCC 608; Sukhpal Singh Khaira v. State of Punjab [2022] 10 SCR 156 : (2023) 1 SCC 289; Ramkrishna Forgings Limited v. Ravindra Loonkar [2023] 16 SCR 672 : (2024) 2 SCC 122 – relied on. Brijendra Singh v. State of Rajasthan [2017] 3 SCR 374 : (2017) 7 SCC 706; Jamin v. State of Uttar Pradesh, 2025 SCC OnLine SC 506; Shishupal Singh v. State of Uttar Pradesh (2019) 8 SCC 682; Yashodhan Singh v. State of Uttar Pradesh [2023] 10 SCR 1196 : (2023) 9 SCC 108 – referred to. List of Acts Code of Criminal Procedure, 1973. List of Keywords Section 319 of Code of Criminal Procedure, 1973; Murder; Issuance of summons; Other persons appearing to be guilty of offence; Special Investigation Team (SIT); Political rivalry; Sitting Sarpanch; Additional accused; Persons present on the site of occurrence; Doctrine judex damnatur cum nocens absolvitor. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No(s). 1713-1720 of 2025 From the Judgment and Order dated 18.07.2024 of the High Court of Punjab & Haryana at Chandigarh in CRMM Nos. 44097, 20532 and 25310 of 2022 and CRR Nos. 1204, 1474, 1513, 1558 and 1695 of 2022 Appearances for Parties Advs. for the Appellant: Jitesh Malik, Ms. Anisha Dahiya, Jatin Hooda, Ms. Anjana Sharma, Abhay Singh, Satish Kumar. Advs. for the Respondents: Gopal Sankaranarayanan, Sr. Adv., Saurabh Singh Chauhan, Rajeev Kumar Dubey, Diggaj Pathak, Ms. Shweta Sharma, Naveen Gaur, Ms. Vaibhavi Pathak, B. Abishek, Pradyut Kashyap, Ms. Shreya Nair, Shivam Harsana, Karan Kapoor, Manik Kapoor, Shrey Kapoor. [2025] 3 S.C.R. 1409 Yadwinder Singh v. Lakhi Alias Lakhwinder Singh & Anr. Etc. Judgment / Order of the Supreme Court Judgment Ahsanuddin Amanullah & Prashant Kumar Mishra, JJ. Leave granted. By way of extraordinary indulgence to the respondents, we have taken up the matter(s) de novo. The instant Judgment be, therefore, read and contextualised in conjunction with our Order dated 19.03.2025. 2. Heard learned counsel and learned senior counsel for the parties. 3. The present appeals are directed against the Impugned Order dated 18.07.2024 [2024 SCC OnLine P&H 11673] passed by a learned Single Bench of the High Court of Punjab and Haryana at Chandigarh by which summons issued under Section 3191 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’) by the learned Trial Court against the private respondents in connection with First Information Report No.50 of 2020 (hereinafter referred to as ‘FIR’) registered at Police Station Passiana, District Patiala, Punjab were set aside. APPELLANT’S SUBMISSIONS: 4. Learned counsel for the appellant, Mr Jitesh Malik, submits that the appellant is the complainant
Excerpt shown. Read the full judgment & AI analysis in Lexace.