VidhiSangh

Supreme Court of India · 15/03/2021

SARTAJ SINGH versus STATE OF HARYANA & ANR. ETC.

[2021] 3 S.C.R. 87 · 2021 INSC 185

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Summary

The Supreme Court restored an order summoning additional accused under Section 319 CrPC on the injured eyewitness’s testimony. Their omission from the charge sheet following a police inquiry did not bar the trial court from acting on evidence given in court. Examination-in-chief can support summoning without awaiting cross-examination, subject to the strong evidentiary threshold governing this extraordinary power. The High Court had improperly assessed possible exaggeration and prospects of conviction at that stage.

Issues

  1. Whether an injured eyewitness’s testimony justified summoning persons named in the FIR but omitted from the charge sheet.
  2. Whether cross-examination or fresh allegations beyond the FIR were necessary before exercising Section 319.

Provisions considered

Held

Result

Appeals allowed; additional accused directed to face trial under the restored summoning order.

Judgment PDF: Supreme Court of India, [2021] 3 S.C.R. 87.