VidhiSangh

Supreme Court of India · 15/03/2019

SUGREEV KUMAR versus STATE OF PUNJAB & ORS.

[2019] 4 S.C.R. 208 · 2019 INSC 386

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court restored applications to summon additional accused under Section 319 CrPC for fresh consideration. The courts below had effectively demanded an infallible case establishing guilt rather than the correct intermediate threshold. Strong and cogent evidence exceeding the charge-framing prima facie standard was required, but not a final conviction assessment. The trial court was to reconsider the full record independently; the Supreme Court neither directed summoning nor determined the proposed accused’s guilt.

Issues

  1. Whether the correct evidentiary threshold was applied to the applications for summoning additional accused.

Held

Result

Appeal partly allowed; impugned orders set aside and prosecution applications under Section 319 CrPC restored for independent reconsideration. No merits finding or direction automatically to summon the proposed accused.

Judgment PDF: Supreme Court of India, [2019] 4 S.C.R. 208.