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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Parmod Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
1. The instant revision petition has been preferred against the impugned order dated 17.02.2021 passed by learned Additional Sessions Judge, Ambala, vide which, the petitioners have been summoned as an additional accused and subsequently charge-sheeted with offences falling under Sections 148/149/323/325/341/427/506 IPC and Section 3(x) of SC/ST Act, 1989 in case bearing FIR No.39 dated 13.03.2017 registered at Police Station Shahzadpur, District Ambala.
2. In brief, the facts of prosecution case are that on 13.03.2017, on receipt of telephonic information regarding quarrel in Village Patterheri, SI Surender Kumar alongwith HC Rajinder Singh reached in the village and came to know that injured were taken to CHC, Shahzadpur. When they went to CHC, Shahzadpur, they came to know that injured were referred to Civil Hospital, Ambala City and Civil Hospital, Sector-6, Panchkula. Thereafter, the police party reached at Civil Hospital, Ambala City and recorded the statement of injured Phool Chand, who stated therein that due to panchayat elections, present Sarpanch was having grudge against him and in this regard, on 11.03.2017, an altercation took pl
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.
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