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Supreme Court of India 2019-01-24 dismissed

DEV WATI vs THE STATE OF HARYANA

Bench: 2 — L. Nageswara Rao, Mohan M. Shantanagoudar

In Brief

Dev Wati and others appealed against the High Court's decision allowing an application under Section 319 of the Criminal Procedure Code to summon them as additional accused in a homicide case. The sole basis for summoning was the deposition of a single witness (the deceased's brother) who implicated them. The Supreme Court dismissed the appeal, holding that while Section 319 requires a stronger standard than prima facie case, the High Court's decision was sustainable. The Court applied the test laid down in Hardeep Singh that the word "appear" requires a degree of satisfaction more than mere probability but short of conviction-level proof.

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Criminal Procedure Criminal Appeal Summoning of Accused Section 319 CrPC

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