In Brief
The Supreme Court upheld the trial court's order invoking Section 319 CrPC to summon two persons (initially named in the FIR but not charge-sheeted) to face trial as additional accused in a murder case. Despite a closure report by the investigating officer exonerating them, the trial court found the complainant's testimony credible and sufficient to warrant their summoning. The Court clarified that the trial court's power under Section 319 is independent of the investigating officer's satisfaction or closure reports, and may be exercised at any stage if evidence adduced shows involvement. The test requires strong, cogent evidence more rigorous than prima facie but short of conviction-level proof. The petition was dismissed.
The lawyer headnote and full judgment text are available to registered users.