VidhiSangh

Supreme Court of India · 23/07/2019

SHIV PRAKASH MISHRA versus STATE OF UTTAR PRADESH AND ANOTHER

[2019] 10 S.C.R. 541 · 2019 INSC 798

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Summary

Refusal to summon an additional accused under section 319 CrPC was affirmed. Naming him in the FIR and attributing an overt act did not overcome contradictory trial testimony and material placing him at work elsewhere, including the complainant’s cross-examination. The extraordinary summoning power required strong, cogent evidence beyond the threshold for framing a charge. The pending trial was to continue without treating these observations as findings on its merits.

Issues

  1. Whether the evidence justified summoning the person omitted from the charge sheet as an additional accused.

Provisions considered

Held

Result

Appeal dismissed. Trial to proceed according to law, uninfluenced on its merits by observations in the summoning appeal and revision.

Judgment PDF: Supreme Court of India, [2019] 10 S.C.R. 541.