Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Sukhpal @ Rana – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
1. Present revision petition has been preferred against impugned order dated 05.04.2025 passed by learned Additional Sessions Judge, Charkhi Dadri, vide which the application filed by the petitioner-complainant seeking summoning of respondents No.2 & 3 as additional accused under Section 319 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') [now Section 358 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS')\ to face the trial in FIR No. 106 dated 23.05.2020 under Sections 148, 149, 307, 323, 325, 341, 506 of the Indian Penal Code, 1860 (for short 'IPC'), registered at Police Station Jhojhu Kalan, has been dismissed.
2. Learned counsel for the petitioner, inter alia, contends that the petitioner has levelled specific allegations against respondents No.2 & 3 in his statement, on the basis of which, FIR (supra) was registered, however, their names were mentioned in column No.2 of the final report/challan. Further, when the petitioner appeared as PW1, he specifically named respondents No.2 & 3, as discernible from the statement dated 17.12.2022 (Annexure P-2). Furthermore, there is no difference in the FIR and statement
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 reiterated that invoking Section 319 requires compelling evidence; mere identification or presence at a crime scene is insufficient for summoning 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.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
