In Brief
The appellants were named in an FIR but not charge-sheeted after investigation found them absent from the incident. During trial, the complainant and injured eyewitness deposed that appellants were present and participated. The trial court summoned them under Section 319 CrPC to face trial. The Court held that Section 319 CrPC allows summoning of persons not charge-sheeted when evidence during trial demonstrates their involvement. The test requires strong and cogent evidence beyond mere prima facie case, but cross-examination of prosecution witnesses is not essential. Orders releasing appellants from custody (not formal discharge) do not prevent Section 319 exercise. The appeal was dismissed.
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