HARPREET SINGH BRAR
Sunita – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. revision petition against order allowing summoning of additional accused. (Para 1 , 2 , 3) |
| 2. arguments regarding the sufficiency of evidence to summon additional accused. (Para 4 , 5) |
| 3. analysis of the applicability of section 319 cr.p.c. and evidentiary standards. (Para 6 , 7 , 8 , 9) |
| 4. conclusion setting aside the order to summon additional accused. (Para 10) |
JUDGMENT :
Mr. Harpreet Singh Brar, J.
1. Present revision petition has been preferred against the impugned judgment dated 13.01.2020 passed by learned Additional Sessions Judge, Jhajjar, whereby the order passed by learned Judicial Magistrate Ist Class, Jhajjar has been dismissed and the application under Section 319 Cr.P.C. for summoning the petitioners as additional accused has been allowed.
2. Brief facts of the present case are that on 09.10.2016 at about 04 O’Clock, an altercation took place between the complainant and petitioners along with co-accused. Due to which, on the same day at about 9:45 PM, all the three accused came to the complainant with a Jeli, lathi and stone and tried to kill the complainant. Hence, the FIR (supra) was registered.
3. In consequence of the FIR (supra) and after completion
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 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 ruled that summoning additional accused under Section 319 Cr.P.C. requires establishing more than a prima facie case, emphasizing a need for substantial evidence.
The court reiterated that invoking Section 319 requires compelling evidence; mere identification or presence at a crime scene is insufficient for summoning additional accused.
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