In Brief
The appellant, summoned under Section 319 CrPC in a murder investigation, challenged the order invoking this power based on the widow's evidence that her husband had gone to meet the appellant before being found dead. The Supreme Court held that while uncross-examined evidence may be considered, Section 319 requires a higher threshold than prima facie evidence—strong and cogent evidence showing the person could be tried with the accused. Mere probability of involvement is insufficient. The Court set aside the summons and remitted the case for fresh consideration by the Sessions Judge applying the correct legal standard.
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