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...

Criminal Procedure Code, 1973, Ss.319, 482 — Summoning as additional accused — Petitioner presence at spot has never been disputed - Petitioner named in FIR -PW specifically stated on oath that petitioner hit me with brick bats - Specific role come to be attributed to petitioner...

Criminal Procedure Code, 1973, Section 319 — Summoning as additional accused — Petitioner found innocent during investigation on basis of plea of alibi - Mere because petitioner was found innocent during investigation would not debar trial court from summoning if sufficent evidence regarding his involvement surfaces during...