In Brief
In a matrimonial dispute originating from a 2011 FIR charging 11 named accused, the complainant sought to add 20 more accused during trial under Section 319 of the Criminal Procedure Code based on witness testimony. The trial court dismissed this application; the High Court allowed it. The Supreme Court held that additional accused cannot be summoned on mere disclosure of names in the witness box without prior identification in the FIR or investigation. Section 319 power is extraordinary and requires strong, cogent evidence—more than prima facie but less than conviction standard. Since the 20 persons were neither named in the FIR nor disclosed during investigation, and the allegations were vague, the Court reversed the High Court and restored the trial court's dismissal of the application.
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