In Brief
Three appellants, named in an FIR but not charge-sheeted, were summoned as additional accused under Section 319 CrPC based on witness depositions despite an investigating officer's finding that they were in Jaipur when the alleged crime occurred 175 km away. The Supreme Court held that invoking Section 319 is an extraordinary discretionary power requiring 'strong and cogent evidence,' not mere probability. The trial and high courts failed to weigh documentary evidence (duty records, medical certificates) corroborating the alibi against witness statements. The appeal was allowed, setting aside the summoning order as having been passed in a casual manner without proper consideration of substantial contrary investigative material.",
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