VidhiSangh

Supreme Court of India · 26/03/2025

YADWINDER SINGH versus LAKHI ALIAS LAKHWINDER SINGH & ANR. ETC.

[2025] 3 S.C.R. 1407 · 2025 INSC 420

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Summary

The High Court erred in setting aside the trial court's summons under Section 319 CrPC to persons named by eye-witnesses as present at a murder, merely because a Special Investigation Team had found no evidence against them. A SIT's findings do not fetter the court's power under Section 319; where eye-witnesses depose to the presence of the proposed accused, summoning them is the course best suited to unravelling the truth, and all defences remain open to them at trial. The summons were restored.

Issues

  1. Whether the trial court's exercise of power under Section 319 CrPC to summon persons named by eye-witnesses as additional accused could be set aside by the High Court on the ground that the SIT had found them not to have been present at the place of occurrence.
  2. What degree of satisfaction and what evidence are required before a court may summon an additional accused under Section 319 CrPC, as settled by Hardeep Singh, Brijendra Singh and Sukhpal Singh Khaira.

Provisions considered

Held

Result

Leave granted; appeals allowed; High Court order dated 18.07.2024 set aside; trial court to issue fresh summons under Section 319 CrPC to the private respondents and secure their appearance; observations confined to the summoning order, all contentions left open at trial; copy of the judgment to be sent to the Legal Remembrancer, Government of Punjab.

Judgment PDF: Supreme Court of India, [2025] 3 S.C.R. 1407.