In Brief
Gulshan was convicted at trial court level following a criminal complaint involving gang assault and related offences. The prosecution sought to summon three additional accused persons (respondents 3-5) under Section 319 Cr.P.C., but the trial court rejected the application. The High Court affirmed this rejection. The Supreme Court held that the trial court erred in rejecting the summoning application when the FIR named the persons and prosecution witness statements implicated them. The Court partly allowed the appeal, set aside the lower court orders, and directed that the summoning application be allowed, with trial to proceed on merits in accordance with law."
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