P&H: Injured witness specifically names proposed accused and attributes definite role, Upholds Summoning of Man as Additional Accused u/s.319 CrPC

(i) Criminal Procedure Code, 1973, S.319 — Summoning of additional accused — Power u/s.319 CrPC is discretionary and extraordinary and is to be exercised sparingly only when strong and cogent evidence comes on record during trial — It is not to be exercised on a...

(ii) Criminal Procedure Code, 1973, S.319 — Summoning of additional accused — Order summoning petitioner u/s.319 Cr.P.C. is not based merely on his name appearing in FIR but is also supported by evidence which came on record during trial and fact that name of petitioner...

(iii) Criminal Procedure Code, 1973, Ss.319, 482 — Summoning of additional accused — Plea of alibi is matter of evidence and cannot be conclusively decided in proceedings u/s.482 CrPC. (Para 12)

(iv) Criminal Procedure Code, 1973, Ss.319, 482 — Summoning of additional accused — Disputed question regarding identity of person named in FIR and person referred to in cross-case cannot be made a ground to quash summoning order.(Para 13)

(v) (iii) Criminal Procedure Code, 1973, Ss.319, 482 — Summoning of additional accused — Where an injured witness specifically names proposed accused and attributes a definite role to him, summoning order under Section 319 CrPC is supported by evidence on record and does not warrant...