AHSANUDDIN AMANULLAH, PRASHANT KUMAR MISHRA
Yadwinder Singh – Appellant
Versus
Lakhi Alias Lakhwinder Singh – Respondent
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. 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[‘319. Power to proceed against other persons appearing to be guilty of offence .—(1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed.
(2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid.
(3) Any person attending the Court, although not under arrest or upo
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The court emphasized that the power under Section 319 CrPC to summon additional accused requires strong evidence and should be exercised judiciously, not casually.
(1) Summoning of additional accused to face trial – Power of court to summon an accused based on evidence as contemplated under Section 319 of Cr.P.C. will have to be invoked and exercised before pro....
Court can exercise power under Section 319 Cr.P.C. even on the basis of statement made in examination-in-chief of witness concerned and Court need not wait till cross-examination of such a witness an....
(1) Powers under Section 319 Cr.P.C. can be exercised at any stage before final conclusion of trial.(2) On the basis of examination-in-chief of a witness if a case is made out, a person can be summon....
(1) Summoning of additional accused to face trial – Power exercised under Section 190 of Cr.P.C. is quite distinct from power exercised by Trial Court/Sessions Court under Section 319 of Cr.P.C. – Po....
Court in exercise of the revisional jurisdiction cannot embark upon the inquiry with regard to facts of the case, particularly when the courts below had applied its mind and taken a view, which does ....
Summoning of additional accused to face trial – Court should not conduct a mini-trial at this stage as expression used is 'such person could be tried’ and not ‘should be tried’.
For invoking power under Section 319 Cr.P.C. inter alia includes the principle that only when strong and cogent evidence occurs against a person from the evidence the power under Section 319 Cr.P.C. ....
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