P&H: Upholds Summoning of Accused U/s.319 passed before judgment of acquittal of Co-Accused

punjab-haryana
⚖️ Order Date: 13 Oct 2026
Headnotes

(i) Indian Penal Code, 1860, Ss.141, 149 — Unlawful assembly — Once evidence led before court, if unrebutted, shows person to be member of armed unlawful assembly, absence of a specific overt act does not dilute that satisfaction. (Para 17)

(ii) Evidence Act, 1872, S.154, Criminal Procedure Code, 1973, S.19 — Hostile witness — Evidence of witness declared hostile is not wiped off from record, and part of it which is otherwise acceptable can be acted upon. (Para 20)

(iii) Criminal Procedure Code, 1973, S. 319 — Summoning of additional accused — Summoning order validly passed before judgment of acquittal does not lose its force merely because co-accused have since been acquitted, and summoned accused may be tried separately. (Paras 29 to 30)

   


Facts of the Case

P&H: Upholds Summoning of Accused U/s.319 passed before judgment of acquittal of Co-Accused

The Punjab and Haryana High Court has dismissed three revision petitions challenging an order summoning the petitioners as additional accused in a murder case. Justice Manisha Batra held that the summoning order, passed under Section 319 of the Code of Criminal Procedure, remained effective even though the co-accused had since been acquitted.

The case arose from an FIR alleging that a group of armed men attacked Monu in March 2018, causing injuries that led to his death. The petitioners had not been sent up for trial with the main group: some were placed in column No. 2 after the investigation,...

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