In Brief
A murder-rape case involved two accused: Ajay Kumar (charge-sheeted) and Kallu Nat (exonerated by Crime Branch but implicated by witness statements, mobile call records, and extrajudicial confession). After Ajay's committal to the Sessions Court, the victim's husband applied under Section 193 CrPC to summon Kallu Nat as an additional accused. The Sessions Court allowed this; the High Court upheld it. The Supreme Court dismissed Kallu Nat's petition, holding that a Sessions Court can summon additional accused under Section 193 CrPC based on case materials without waiting for trial evidence under Section 319 CrPC. Cognizance is of the offence, not offenders. Once committed, the Sessions Court assumes original jurisdiction to summon anyone prima facie guilty of that offence, even if excluded by police. This is not a "second cognizance" but incidental to the court's duty to find all real offenders.
The lawyer headnote and full judgment text are available to registered users.