P&H: Upholds Summoning Under Section 319 CrPC, Says Alibi Is A Trial Defence, Police ‘Innocence’ No Bar

Criminal Procedure, 1973 Code, S.319 — Summoning of additional accused — Scope and threshold — Power is extraordinary and to be exercised sparingly only when strong and cogent evidence emerges during trial, not on mere suspicion — Even a person not charge-sheeted can be summoned if evidence shows he can be tried with the other accused. (Para 9) Criminal Procedure Code, 1973, Ss.319, 482 — Summoning as additional accused — Petitioner presence at spot has never been disputed -