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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Harish Kumar – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
Present revision petition has been filed impugning the order dated 04.08.2018 passed by learned Additional Sessions Judge, Palwal, vide which the application under Section 319 Cr.P.C. (now Section 358 of BNSS) for summoning the petitioners to face the trial has been allowed and petitioners have been summoned as additional accused to fact the trial in FIR No. 743 dated 16.10.2016 registered under Sections 302, 506, 34 of Indian Penal Code at Police State Sadar Palwal District Palwal.
2. The brief facts of the present case are that on 16.10.2016, the complainant alongwith her husband Rajender Singh (deceased) and her son Hemant were working in their fields. Their son, Sonu came to the fields for bringing tea from the house. Kishori son of Rati Ram, Bhupinder s/o Kishori, Harish son of Kishori, residents of village Dudhola, Tehsil and Distt. Palwal were also working in their fields. At about 5.30 PM in the evening they were putting jawar karbi in the company fields. Then Kishori and her son Bhupender and Harish had asked them not do so. On this account, there was exchange of heated words between the parties. Kishori and Bhupinder started abusing. Therea
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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