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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Jyoti – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
The present revision petition has been filed for setting aside the impugned order dated 01.12.2022 passed by the learned Additional Sessions Judge, Hisar whereby, the application filed by the petitioner under Section 319 Cr.P.C. for summoning respondents No.2 to 13 as additional accused, in the case stemming from FIR No. 388 dated 16.09.2019 under Sections 147, 148, 307, 323, 341, 506 IPC at Police Station Azad Nagar, Hisar, has been dismissed.
2. Briefly, the facts are that on 15.09.2019, at about 9 PM, the petitioner-complainant along with her husband was going to the house of her brother-in-law namely Ram Niwas. When the respondents-accused saw them and started abusing them. When the husband of the petitioner objected to it, Dholia, Deva, Baljeet, Lucky and Ram Kumar caught him and Joginder @ Rinku hit him on the head with a brick. The petitioner raised hue and cry and one Parveen arrived at the spot, causing the respondents-accused to run away.
3. Learned counsel for the petitioner inter alia contends that only 04 out of the 16 assailants mentioned in the FIR(supra) have been arraigned as accused in the present case. The learned Court below
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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