IN THE HIGH COURT OF MADHYA PRADESH

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AT JABALPUR

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BEFORE

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HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH

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ON THE 27

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th

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OF FEBRUARY, 2026

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MISC. CRIMINAL CASE No. 12237 of 2024

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MOHAMMAD NASIR QURESHI

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Versus

THE STATE OF MADHYA PRADESH

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Appearance:

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Shri Ahadulla Usmani - Advocate for the applicant.

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Ms. Samta Jain - Govt. Advocate for respondent State.

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ORDER

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Heard on admission.

Admit.

Record is received.

Learned Govt. Advocate submits that case diary is received; therefore,

with the consent of counsel for parties the matter is heard finally and

disposed of.

In this this case challenge is made by applicant Mohammad Nasir

Qureshi to the order dated 16.01.2024 passed by Additional Session Judge,

Chourai, District Chhindwara in Criminal Appeal No. 90/2020 wherein

learned A.S.J in paragraph 19 (2) has directd to proceed against the applicant

Mohd. Nasir Qureshi S/o Mohammad Shafi Qureshi under Section 319 of

the Code of Criminal Procedure.

2. Heard the counsel for both the parties and perused the record.

3. Learned counsel for the Revisioner submits that by the judgment

1 MCRC-12237-2024NEUTRAL CITATION NO. 2026:MPHC-JBP:17230

dated 16.1.2024 passed by the learned Appellate Court in Criminal Appeal

No. 90/2020; whereby Komal Solanki had challenged his conviction under

Section 9 of Madhya Pradesh Go Vansh Pratishedh Adhiniyam, 2004 and

under Section 66 read with Section 192 of Motor Vehicle Act vide judgment

dated 9.4.2019 by the learned Judicial Magistrate First Class, Chourai,

District Chhindwara in Criminal Case No. 843/2013 State of Madhya

Pradesh v. Komal Solanki, while rejecting the appeal of Komal Solanki

directed the trial Court to inquire and try the owner of the truck bearing

registration No. CG 4G 9117 Mohd. Nasir Qureshi S/o Mohd. Shafi Qureshi

R/o Thana Mohkheda, District Chhindwara under Section 319 Cr.P.C and

decide the case and the case be registered on a new number against applicant

Nasir Qureshi.

4. Learned counsel for the Revisioner submits that this procedure is

totally illegal and unknown to the criminal jurisprudence.

5. Learned Govt. Counsel Mrs. Samta Jain - Govt. Advocate also

fairly admits that this procedure is unknown because the trial Court can try

an additional accused if either evidence is recorded during investigation stage

or during the trial. But, in this case neither the Police while filing charge-

sheet against Komal Singh mentioned any role of the applicant Mohd. Nasir

Qureshi nor any evidence was recorded during the trial and during the trial

prosecution produced three witnesses, i.e, P.W.-1 Sohanlal Daheriya Kotwar,

P.W.-2 Dr. Morya Veterinary Doctor, P.W. -3 - Ramji Singh the then Sub

Inspector who investigated the case but name of Mohd. Nasir was not there.

6. In Omi @ Omkar Rathore and another v. State of M.P. and another

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2 MCRC-12237-2024NEUTRAL CITATION NO. 2026:MPHC-JBP:17230

[(2025) 2 SCC 621], Hon'ble Supreme Court has summarized the procedure

for summoning an accused under Section 319 in paragraph 19, which is

reproduced as under:

"19.

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The principles of law as regards Section 319CrPC may be

summarised as under:

19.1.

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On a careful reading of Section 319CrPC as well as the

aforesaid two decisions, it becomes clear that the trial court has

undoubted jurisdiction to add any person not being the accused

before it to face the trial along with other accused persons, if the

Court is satisfied at any stage of the proceedings on the evidence

adduced that the persons who have not been arrayed as accused

should face the trial. It is further evident that such person even

though had initially been named in the FIR as an accused, but not

charge-sheeted, can also be added to face the trial.

19.2.

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The trial court can take such a step to add such persons as

accused only on the basis of evidence adduced before it and not on

the basis of materials available in the charge-sheet or the case

diary, because such materials contained in the charge-sheet or the

case diary do not constitute evidence.

19.3.

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The power of the court under Section 319CrPC is not

controlled or governed by naming or not naming of the person

concerned in the FIR. Nor the same is dependent upon submission

of the charge-sheet by the police against the person concerned. As

regards the contention that the phrase “any person not being the

accused” occurred in Section 319 excludes from its operation an

accused who has been released by the police under Section 169 of

the Code and has been shown in Column 2 of the charge-sheet, the

contention has merely to be stated to be rejected. The said

expression clearly covers any person who is not being tried already

by the Court and the very purpose of enacting such a provision

like Section 319(1) clearly shows that even persons who have been

dropped by the police during investigation but against whom

evidence showing their involvement in the offence comes before

the criminal court are included in the said expression.

19.4.

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It would not be proper for the trial court to reject the

application for addition of new accused by considering records of

the investigating officer. When the evidence of complainant is

found to be worthy of acceptance then the satisfaction of the

3 MCRC-12237-2024NEUTRAL CITATION NO. 2026:MPHC-JBP:17230

(AVANINDRA KUMAR SINGH)

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JUDGE

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investigating officer hardly matters. If satisfaction of investigating

officer is to be treated as determinative then the purpose of

Section 319 would be frustrated."

7.

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On perusal of above principle, it is seen that the order of the learned

Additional Sessions Judge cannot be upheld. This is a principle unknown to

the criminal jurisprudence and hence cannot be sustained.

8.

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Accordingly the M.Cr.C is allowed and the impugned judgment

dated 16.01.2024 passed in Criminal Appeal No. 90/2020 by learned ASJ

Chourai, District Chhindwara so far as it relates to registered owner of the

truck Mohd. Nasir Qureshi S/o Mohd. Shafi Qureshi is set aside as not being

a legal direction.

9.

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With the aforesaid the M.Cr.C stands allowed

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and disposed of

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.

VKT

4 MCRC-12237-2024NEUTRAL CITATION NO. 2026:MPHC-JBP:17230