VidhiSangh

Supreme Court of India · 05/05/2025

HARJINDER SINGH versus THE STATE OF PUNJAB & ANR.

[2025] 6 S.C.R. 168 · 2025 INSC 634

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

Summary

The Trial Court summoned respondent no. 2 under Section 319 CrPC to face trial for abetment of suicide on the sworn testimony of the complainant (PW1); the High Court set that aside under Section 482 CrPC, relying on alibi documents gathered during investigation. The Supreme Court held that Section 319 is triggered by evidence surfacing in court, that an untested alibi is a defence for trial and cannot be treated as conclusive at the summoning stage, and that the investigating officer's opinion does not bind the trial court; the summoning order was revived.

Issues

  1. Whether the evidence led at trial justified the Trial Court's exercise of power under Section 319 CrPC to summon respondent no. 2.
  2. Whether the High Court was right, under Section 482 CrPC, to set aside the summoning order on the strength of untested alibi documents from the investigation record.
  3. Whether a police report under Section 173(2) CrPC finding a person innocent prevents the trial court from later summoning him as an additional accused.

Provisions considered

Held

Result

Appeal allowed; High Court judgment dated 21 November 2023 in CRM-M No. 31120 of 2022 set aside; Trial Court order dated 04 July 2022 summoning respondent no. 2 under Section 306 IPC revived; respondent no. 2 to appear before the Trial Court within four weeks, with bail conditions, if any, to be regulated by the Trial Court; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 6 S.C.R. 168.