In Brief
In this criminal appeal, the Supreme Court examined the power of courts to summon additional accused persons under Section 319 CrPC during trial. The appellant, an injured witness in an assault case, named five individuals in his testimony who had not been charge-sheeted. The trial court summoned them as additional accused. The High Court quashed this order, finding insufficient evidence. The Supreme Court held that Section 319 CrPC can be invoked based on examination-in-chief alone, without waiting for cross-examination. The court need only be satisfied of a prima facie case. The High Court erred in re-appreciating the merits of the evidence at the summoning stage, which is inappropriate. The trial court's order was restored.
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