In Brief
This case concerns whether a trial court must give a prior hearing to a person before summoning them as an additional accused under Section 319 of the Criminal Procedure Code. Appellants were named in an FIR but not in the final charge-sheet. The complainant sought their summoning under Section 319 during trial, and the Sessions Judge granted this without prior hearing. The High Court upheld this order. The Supreme Court dismissed the appeal, holding that Section 319 CrPC does not mandate prior hearing before summoning an additional accused. The law permits lateral entry into ongoing trials based on evidence of culpability. The summoned person retains rights to cross-examine witnesses and challenge the order before superior courts, but cannot be given a hearing at the summoning stage, as this would derail the main trial and contradict the provision's purpose of preventing real culprits from escaping justice.
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