In Brief
Partibha, a complainant, sought to have Sunita summoned as an additional accused in a criminal trial under Section 319 of the Code of Criminal Procedure after Sunita's statement had been recorded in court, though she was not named in the FIR. The High Court quashed the summoning order, holding it amounted to material improvement. The Supreme Court allowed the appeal, holding that a court may summon an additional accused on the basis of examination-in-chief evidence recorded in court, even before cross-examination, provided the court is prima facie satisfied of involvement. The absence of allegations in the FIR is not a bar if credible, detailed allegations are made in court statements, especially where prior written complaints mentioned the person."
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