In Brief
Kalpana was implicatedin an FIR concerning her sister-in-law's death (dowry death case) but was excluded from the police charge sheet after investigation revealed no evidence against her. The complainant later sought her summoning under Section 319 CrPC during trial. The Supreme Court held that while Section 319 allows summoning additional accused during trial, it requires justifiable grounds and evidence. Since the complainant's own testimony made no mention of Kalpana, she was a qualified doctor living and working separately in another state, and investigation found nothing against her, there was no basis for summoning. The Court set aside the summoning order and allowed her appeal.
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