Crux of the Judgment on Section 319 CrPC:

• Stage for Exercise: Power under Section 319 CrPC can be exercised during "inquiry" (pre-trial stage post-charge-sheet, e.g., under Sections 200-202 or 398 CrPC) or "trial" (post-charge framing), but not during pre-trial preparation like Sections 207-209 CrPC; after committal, Sessions Court gains original jurisdiction under Section 193 CrPC. (!) (!) (!) (!) (!)

• Scope of "Evidence": "Evidence" under Section 319(1) primarily means evidence recorded during trial (oral statements permitted by court or documents produced/inspected per Evidence Act Section 3); investigation materials (e.g., charge-sheet, case diary) are not evidence but can corroborate trial evidence or support inquiry-stage summoning of Column 2 persons; exhaustive definition applies, excluding unproved materials. (!) (!) (!) (!) (!) (!)

• Examination-in-Chief Sufficiency: Power exercisable on examination-in-chief alone (prima facie evidence, rebuttable); no need to await cross-examination, as summoned person gets fresh trial under Section 319(4) with full rights. (!) (!) (!) (!)

• Degree of Satisfaction: Stricter than prima facie case for charge-framing (Sections 227/228 etc.); requires strong/cogent evidence (more than probability, short of conviction certainty) prima facie connecting the person to offence, exercised sparingly/discretionarily to avoid delay or fishing; "appears" means "seems" (lesser than proof). (!) (!) (!)

• Persons Covered: Extends to (i) not named in FIR, (ii) named in FIR but not charge-sheeted/Column 2, or (iii) discharged; for discharged persons, comply with Section 300(5) r/w 398 CrPC inquiry first before invoking Section 319. (!) (!) (!)

• Overall Purpose: Ensures real culprits face trial for justice, empowering courts (Sessions/Magistrate) only, not investigation agencies; proceedings restart afresh for added person (witnesses re-heard). (!) (!) (!) (!)