LEGAL LEARNING – SHRI GANPATI JURISTS
Legal Learning: Section 319 Cr.P.C. – Summoning Additional Accused
Key Insight: To summon an additional accused under Section 319 of the Cr.P.C., the court only needs to be satisfied that there is prima facie evidence suggesting the person's involvement in the offence — not proof beyond a reasonable doubt.
Key Takeaways:
The threshold for summoning is lower than that for conviction. It only requires evidence that shows an appearance of involvement.
A formal trial is the correct stage to test defences such as alibi; unproven documents (like CCTV footage, receipts, etc.) cannot be conclusive at the summoning stage.
The trial court has discretion to summon additional persons if evidence presented during proceedings indicates their role in the offence.
High Courts must not quash such summoning orders unless there's a clear legal error or abuse of process.
Practical Implication: Courts are empowered to ensure that all potentially
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