P&H: Upholds Summoning Of Additional Accused On Basis Of Examination-In-Chief.

punjab-haryana
⚖️ Order Date: 13 May 2026
Headnotes

Criminal Procedure Code, 1973, S.319 — Summoning of additional accused —Examination-in-chief is sufficient and cross-examination is not a prerequisite as proceedings against a person summoned u/s 319 Cr.P.C. commence from the stage of cognizance. (Para 7)

Criminal Procedure Code, 1973, S.319 — Summoning of additional accused — Person kept in Column No.2/not charge-sheeted — Prior police opinion of innocence or non-arrest does not bar Court from summoning such person if evidence emerging during trial discloses involvement. (Para 8)

Criminal Procedure Code, 1973, S.319 — Summoning of additional accused — At the stage of S.319 Cr.P.C., Court is not to conduct a meticulous appreciation of evidence as at final adjudication - But to see whether strong and cogent evidence has surfaced indicating involvement of proposed...

Criminal Procedure Code, 1973, S.319, Indian Penal Code, 1860, Ss.420, 120-B, (Bharatiya Nyaya Sanhita, 2023, Ss.318, 61) — Summoning of additional accused — Cheating — Specific allegations in FIR and PW1’s deposition that petitioner accompanied co-accused, participated in negotiations and was present when Rs.2,00,000 was paid, same...


Facts of the Case

P&H: Upholds Summoning Of Additional Accused On Basis Of Examination-In-Chief.

High Court has dismissed a petition challenging summoning as an additional accused under Section 319 CrPC in a cheating case related to an alleged promise to send a woman to Canada.  Court held that examination-in-chief is sufficient for invoking Section 319 and cross-examination need not be awaited.

The case stems from an FIR alleging that co-accused  and associates, including the petitioner, took about Rs 15 lakh from the complainant for arranging visas and travel documents, but did not send his daughter abroad or return the money. The trial court, relying on the complainant’s testimony that the petitioner accompanied the co-accused and...

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