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Supreme Court of India 2019-01-24 dismissed

Dev Wati and Ors vs State of Haryana and Anr

Bench: 2 — Mohan M. Shantanagoudar

In Brief

The wife and relatives of a deceased man were summoned to face trial following an application under Section 319 CrPC (power to summon additional accused) based on a witness's deposition implicating them in the death. The appellants challenged this order. The Supreme Court held that Section 319 requires a higher threshold of satisfaction than a prima facie case—specifically, evidence must show a degree of probability that if unrebutted could lead to conviction, not merely probable complicity. The Court upheld the High Court's judgment, finding the witness deposition met this standard. The appeal was dismissed."

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Criminal Procedure Evidence Section 319 CrPC Summoning of Accused

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