VidhiSangh

Supreme Court of India · 01/05/2019

RAJESH & ORS. versus STATE OF HARYANA

[2019] 8 S.C.R. 187 · 2019 INSC 613

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Summary

Summoning six persons under Section 319 CrPC was upheld despite police omitting them from the charge-sheet. The informant and injured eyewitness gave trial testimony identifying their presence and specific roles. Earlier orders releasing them from custody were not judicial discharge orders. Applying Hardeep Singh, the Court reiterated that strong and cogent trial evidence, exceeding the ordinary charge-framing threshold, was required, though examination-in-chief could suffice without awaiting cross-examination.

Issues

  1. Whether persons omitted from the charge-sheet could be summoned on the eyewitnesses’ trial evidence.
  2. Whether earlier custody-release orders barred exercise of Section 319.
  3. What evidentiary threshold and procedural safeguards governed summoning.

Provisions considered

Held

Result

Appeal dismissed. High Court order confirming the trial court’s summons under Section 319 CrPC upheld; appellants to face trial with the other accused. No determination of guilt made.

Judgment PDF: Supreme Court of India, [2019] 8 S.C.R. 187.