In Brief
A trial court had power under Criminal Procedure Code Section 319 to summon three persons as accused during trial based on eyewitness testimony, even though police had not charged them initially. The Supreme Court held that at the summoning stage, the court need only satisfy itself prima facie that evidence suggests the person committed a triable offence—without judging the evidence's merits. The High Court erred by reviewing evidence prematurely and making factual findings. For unlawful assembly charges, mere presence in the group suffices; no individual role is required. Trial should proceed afresh against the newly summoned accused.
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