P&H: Upholds Summoning of Petitioners as Additional Accused u/s.319 CrPC, Court can exercise power u/s.319 even on basis of examination-in-chief and need not wait for cross-examination

punjab-haryana
⚖️ Order Date: 10 Aug 2026
Headnotes

(i) Criminal Procedure Code, 1973, S.319 — Summoning of additional accused — Opinion of investigating agency or fact that person was kept in Column No. 2 does not create any embargo on jurisdiction of trial Court to summon such person if evidence emerges during trial....

(iii) Criminal Procedure Code, 1973, S.319 — Summoning of additional accused — Stage of exercise of power — Court can exercise power u/s.319 even on basis of examination-in-chief and need not wait for cross-examination if the requisite degree of satisfaction is reached. (Paras 10 and...

(iii) Criminal Procedure Code, 1973, S.319 — Summoning of additional accused — Revision against summoning order — Where trial Court records reasons and testimony of witness discloses active involvement of proposed accused, order cannot be said to be arbitrary, perverse or suffering from jurisdictional error...


Facts of the Case

P&H: Upholds Summoning of Petitioners as Additional Accused u/s.319 CrPC, Court can exercise power u/s.319 even on basis of examination-in-chief and need not wait for cross-examination

The Punjab and Haryana High Court has dismissed a criminal revision petition filed by Muhammad Shabbir and others against an order summoning them as additional accused in a case arising out of a violent attack allegedly carried out by a large mob outside the residence of former Punjab DGP Izhar Alam.

The case stemmed from FIR No. 109 of 2016 registered at Police Station City-1, Malerkotla, for serious offences including attempt to murder, house trespass, arson, assault on public servants and rioting. The complainant alleged that a mob of 500 to 600 persons attacked the residence, hurled petrol bombs, set...

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