In Brief
A father complained that his son died from electrocution, allegedly involving the appellant. The trial court rejected his request to summon the appellant under Section 319 CrPC for trial, finding insufficient evidence of involvement. The High Court reversed this without proper reasoning. The Supreme Court allowed the appeal, holding that Section 319 power is extraordinary and discretionary, requiring evidence beyond prima facie but not reaching conviction threshold. Strong and cogent evidence must link the person to the offence. The High Court's casual disregard of the trial court's reasoned judgment and failure to apply settled legal principles warranted reversal.
The lawyer headnote and full judgment text are available to registered users.