In Brief
An FIR was filed in 2005 for rioting, attempt to murder, and murder charges. During trial, the accused Shishupal Singh, though named in the original complaint and FIR, was dropped from the charge sheet by police. The trial court later exercised power under Section 319 Cr.P.C. to summon him as an accused based on witness testimony. The Supreme Court held that the courts below failed to properly apply stringent legal principles governing this power. The Court set aside both orders and remitted the case, clarifying that such power must be exercised sparingly and only upon strong, cogent evidence of guilt, not mere probability of involvement."
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