PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Sukhpal @ Rana – Appellant
Versus
State Of Haryana – Respondent
| Table of Content |
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| 1. the application for summoning additional accused was based on alleged specific involvement that lacked credible evidence. (Para 1 , 2) |
| 2. the court emphasized the necessity of credible evidence for summoning under section 319 cr.p.c. (Para 3 , 4 , 5 , 6) |
| 3. final ruling upheld dismissal of the application due to absence of merit. (Para 7 , 8) |
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 hi
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....
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