DIPANKAR DATTA, MANMOHAN
Satbir Singh – Appellant
Versus
Rajesh Kumar – Respondent
JUDGMENT :
DIPANKAR DATTA, J.
1. This criminal appeal arises out of Special Leave Petition (Criminal) No. 10653 of 2024, which is at the instance of Satbir Singh,1[the appellant]. Under challenge therein is the judgment and order dated 7th March, 2024,2[impugned order] passed by a learned Judge of the High Court of Punjab and Haryana at Chandigarh. Vide the impugned order, while allowing a revisional application,3[CRR-1357-2021 (O&M)] filed by Rajesh Kumar, Sagar @ Bittoo, Niraj and Ankit (respondents in the said special leave petition), the High Court set aside an order dated 13th September, 2021 passed by the Additional Sessions Judge, Karnal,4[Sessions Judge]. The Sessions Judge, by the order impugned in the revisional application, had allowed an application under Section 319 of the Code of Criminal Procedure, 1973,5[Cr. PC] filed by the appellant, seeking to summon Rajesh Kumar, Sagar @ Bittoo, Niraj and Ankit as additional accused for facing trial along with the principal accused,6[Mukesh], for commission of offences punishable under Sections 323, 324, 307 and 506 of the Indian Penal Code, 1860,7[IPC] read with Section 34 thereof as well as Section 25 of the Arms Act.
2. Notice o
Summoning of additional accused for facing trial – What is essential for exercise of power under Section 319 Cr.P.C. is that evidence on record must show involvement of a person in commission of a cr....
The court established that under Section 319 of the Cr.P.C., strong and cogent evidence is necessary to summon an additional accused, and mere witness testimony without corroboration is insufficient.
The discretionary power under Section 319 Cr.P.C. is to be exercised only when credible material substantiates a prima facie case against additional accused.
The court clarified that under Section 319 Cr.P.C., a prima facie case is sufficient for summoning additional accused, emphasizing that evidence merits are to be assessed during the trial.
The power under Section 319 of Cr.P.C. is discretionary and should be exercised before the conclusion of the trial. The Court must find prima facie evidence against the proposed accused and follow th....
Summoning of additional accused to face trial – Test that has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an e....
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