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Supreme Court of India 2025-04-01 allowed

SATBIR SINGH vs RAJESH KUMAR AND OTHERS

Bench: 2 — Dipankar Datta, Manmohan

In Brief

A complainant in a criminal trial applied under Section 319 CrPC to summon additional accused who were not initially charge-sheeted. The Sessions Judge allowed the application based on the complainant's evidence implicating the additional accused. The High Court set aside this order on revisional grounds. The Supreme Court restored the Sessions Judge's order, holding that the satisfaction formed was plausible and properly reasoned within the law. The Court clarified that Section 319 power can be exercised after charge-framing based on comprehensive 'evidence' including investigation materials, and requires satisfaction higher than prima facie but short of conviction-level certainty.

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Criminal Procedure Evidence Law Charge and Trial Powers of the Court Revisional Jurisdiction

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