P&H: Upholds Summoning of Additional Accused Under Section 319 CrPC where Complainant has specifically named petitioner in FIR and testimony

punjab-haryana
⚖️ Order Date: 28 Jul 2026
Headnotes

(i) Criminal Procedure Code, 1973, S.319 — Summoning of additional accused — Test for summoning of additional accused is one which is more than prima facie case as has been established at time of framing of charge, but short of satisfaction to an extent that...

(ii) Criminal Procedure Code, 1973, S.319 — Summoning of additional accused — Injured witness and corroboration — Complainant has specifically named petitioner in FIR and testimony of complainant, who was also an injured witness, naming petitioner and attributing specific overt act to him, together with...

(iii) Criminal Procedure Code, 1973, S.319 — Summoning of additional accused — CCTV footage and defence material — Plea based on CCTV footage collected during investigation and other disputed questions of fact cannot be conclusively adjudicated in proceedings under Section 319 Cr.P.C — Court is...

(iv) Criminal Procedure Code, 1973, S.319 — Summoning of additional accused — Revisional interference — Mere existence of contrary opinion during investigation would not justify interference in revisional jurisdiction. (Para 13)

(v) Criminal Procedure Code, 1973, S.319 — Summoning of additional accused — Revisional interference — Where the trial Court has exercised discretion on the basis of evidence that surfaced during trial and the order reflects due application of mind, no interference is warranted in revisional...


Facts of the Case

P&H: Upholds Summoning of Additional Accused Under Section 319 CrPC where Complainant has specifically named petitioner in FIR and testimony

The Punjab and Haryana High Court has upheld an order summoning Pawan Kumar @ Johny as an additional accused in a Sangrur assault case, ruling that the trial court had validly exercised its power under Section 319 of the Criminal Procedure Code after evidence surfaced during trial.

The case arose from an FIR lodged by complainant Ravi Kumar, who alleged that on December 6, 2021, his scooty was hit from behind by a Ford Figo car near Patiala Gate, Sangrur. He claimed that several persons then surrounded him and attacked him with weapons including a sword, iron rods and an...

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