In Brief
A man was attacked and severely injured by multiple assailants in Haryana. He named the defendants in his FIR and later, during trial, identified them in his testimony as examination-in-chief. The trial court invoked Section 319 CrPC to summon the defendants as additional accused. The High Court quashed this order, finding insufficient evidence. The Supreme Court held that courts may exercise Section 319 CrPC powers based on examination-in-chief alone, without awaiting cross-examination, provided prima facie complicity is evident. Evidence from an injured eyewitness satisfied this threshold. The Court restored the summoning order and remanded the case for trial against the additional defendants, holding the High Court erred in re-appreciating witness credibility at a pre-trial stage.
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