
The Allahabad High Court in Bablu @ Vishnu Dhar Dubey v. State of U.P. and Another observed that the accused summoned u/s 319 of the Code of Criminal Procedure has to be given a fair hearing.
The relevant provision has mentioned by the court states,
“S 319 (4) Where the Court proceeds against any person under sub-section (1),
then-
(a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re- heard;”
The Court further observed that “The provision of de novo trial is mandatory for the accused summoned under Section 319 Cr.P.C. It vitally affects the rights of a person so brought before the court. It would not be sufficient to only tender the witnesses for the cross-examination of such a person rather they have to be examined afresh. The words 'could be tried together with the accused' in Section 319(1), appear to be only directory. 'Could be' cannot under these circumstances be held to be 'must be'. The provision cannot be interpreted to mean that since the 5 6 trial in respect of a person who was before the court below has concluded with the result that the newly added person cannot be tried together with the accused who was before the court below when order under Section 319(1) was passed. The earlier proceeding will become ineffective and inoperative because the accused brought under Section 319(1) Cr.P.C. has to be given fair trial in view of Section 319 (4) (a) Cr.P.C."
The Court also observed that whenever the trial is commenced afresh or a de novo trial is instituted, the accused has the right to cross-examine the witnesses. He has the right to confront them. It also stated that the questions for cross-examination are sanctum sanctorum for his case which will not be disclosed in his application.