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MANJARI NEHRU KAUL
Ankush – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Manjari Nehru Kaul, J.
The present revision petition has been filed against the impugned order dated 16.11.2024, passed by learned Additional Sessions Judge, Hisar, whereby an application under Section 319 of the Cr.P.C. filed by the complainant/prosecution seeking summoning of private respondents namely Saroj, Parmila, Monika, Aman, Sumit, Ankit, Ravi and Gaurav, as additional accused to face trial along with already challaned accused, has been dismissed in case FIR No.452 dated 04.08.2022 under Sections 148 , 149, 216, 302, 365, 364, 120-B of the IPC, registered at Police Station Civil Lines, Hisar. The petitioner contends that the impugned order is perverse and contrary to the settled legal principles governing the summoning of additional accused under Section 319 of the Cr.P.C.
2. Before proceeding further, it would be apposite to discuss the scope and legal principles governing Section 319 of the Cr.P.C./358 of the BNSS . Section 358 of the BNSS empowers the learned Trial Court to summon a person not originally named as an accused if, during the course of trial, evidence emerges indicating his/their complicity in the offence. However, this power is discretionary and ex
The court reiterated that invoking Section 319 requires compelling evidence; mere identification or presence at a crime scene is insufficient for summoning additional accused.
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.
Section 319 Cr.P.C. requires clear evidence beyond mere allegations for summoning additional accused, affirming that summoning should not be based on speculative grounds.
The power under Section 319 CrPC should be exercised sparingly and only when there is strong and cogent evidence on record to form a prima facie opinion.
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