Not A Mere Breach Of Contract: Telangana High Court Refuses To Quash FIR In ₹73 Crore Garment Investment Fraud Accused Not Entitled To Copies Of 'Unrelied' Upon Documents At The Stage Of Framing Of Charges Under Section 91 CrPC: Supreme Court Elected Representatives Have No Privilege To Resort To Violence; Criminal Antecedents Are Material For Bail Adjudication: Supreme Court Mere Absence Of Transport Documents Does Not Create A Presumption Of Violation Of Chhattisgarh Agricultural Cattle Preservation Act, 2004: Supreme Court Section 396 IPC | Conviction For 'Dacoity With Murder' Requires Proof That Murder Was Committed In The Course Of Dacoity: Allahabad High Court 'Developers Cannot Delay Conveyance For Eternity And Milk Additional FSI Benefits': Bombay High Court Upholds Societies' Deemed Conveyance Pre-Approval Statutory Dues Stand Extinguished Upon Approval Of Resolution Plan; GST Authorities Cannot Initiate Fresh Proceedings: Calcutta High Court Unregistered Agreement To Sell With Delivery Of Possession Is Admissible In A Suit For Specific Performance: Delhi High Court Stigmatic Order Discharging Probationer Without Inquiry Is Void For Violation Of Natural Justice: Gujarat High Court Execution Proceedings | Court Cannot Impose Arbitrary Financial Conditions Without Reason In Stay Applications: Himachal Pradesh High Court Section 528 BNSS | High Court Cannot Exercise Inherent Powers To Circumvent Statutory Bar Against Second Revision: Delhi High Court Advocate Empanelment | Restriction On Multiple Applications Is A Procedural Choice Within Employer’s Domain: Delhi High Court Acquittal Appeal | Double Presumption Of Innocence In Favour Of Accused Cannot Be Disturbed Merely Because Another View Is Possible: Gujarat High Court SC/ST Act | Offence Under Section 3(1)(g) Not Attracted If Dispossession Or Interference Is Not Due To Victim's Caste: Himachal Pradesh High Court Judicial Officer Must Maintain Distance From Practicing Advocates To Avoid Impropriety: Gujarat High Court Upholds Dismissal Section 183 BNSS | Investigating Officer Cannot Independently Record Further Statement Of Victim After Recording Before Magistrate: Karnataka High Court Non-Production Of Case Property And Missing Link Evidence In Seizure Cases Vitiates Prosecution: Himachal Pradesh High Court Employees Compensation Act | Death Due To Cardiac Arrest During Employment Is An 'Accident' Arising Out Of Stress And Strain Of Duty: J&K High Court Transfer Of Proceedings | Courts Must Issue Fresh Notice To Parties Even If They Had Appeared Before The Transferor Court: Kerala High Court Sets Aside Ex-Parte Award Section 80P(4) IT Act Does Not Deny Deduction To Regional Rural Banks As They Retain The 'Deemed Co-operative Society' Status Under Section 22 RRB Act: Madras High Court Property Purchased In Name Of Child For Family Benefit Is Not A 'Benami Transaction' Under Section 2(9) Of The 1988 Act: Madhya Pradesh High Court Person Without Caveatable Interest Cannot Challenge Will Or Seek Revocation Of Probate: Madras High Court Divorce | Cruelty Must Be Assessed By Cumulative Effect Of Matrimonial Conduct Rather Than Isolated Incidents: Orissa High Court Merely Labeling Insurance Policy As Comprehensive Does Not Create Unlimited Liability: MP High Court Order VII Rule 11 CPC | Plaint Must Be Rejected If Limitation Bar Is Apparent From Face Of Pleadings: Patna High Court Limitation Act | 'Sufficient Cause' Cannot Be Used To Revive Stale Or Dead Claims By State: Orissa High Court Quashes Order Condoning 53-Year Delay Employee Cannot Remain Dormant Like Rip Van Winkle & Awaken At Convenience: Punjab & Haryana High Court Dismisses Stale Service Plea With ₹25K Cost Section 29 NDPS Act | Mere Allegation Of 'Cooperation' Without Specific Overt Acts Cannot Sustain Charge Of Conspiracy: Rajasthan High Court Forest Land Status Does Not Extinguish Private Civil Title: Punjab & Haryana High Court Upholds Decree For Possession Once Admitted In Evidence, Document Cannot Be De-Marked On Grounds Of Insufficiency Of Stamp Duty: Telangana High Court Section 190 BNSS | Mere Presence In Unlawful Assembly With Active Intent Renders Member Vicariously Liable For Homicidal Act: Punjab & Haryana High Court Contributory Negligence Under Motor Vehicles Act Cannot Be Inferred Without Cogent Evidence: Telangana High Court Enhances Compensation Motor Vehicles Act | Section 164 Compensation Of Rs. 5 Lakhs Applicable Even To Pending Claims Arising Prior To 2019 Amendment: Punjab & Haryana High Court Consumer Protection Act | Builder Liable To Pay Interest For Delayed Possession Despite Force Majeure Plea If Agreement Executed Post-Outbreak: State Commission

Punjab and Haryana High Court Sets Aside Order Summoning Additional Accused Without Prima Facie Evidence

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Punjab and Haryana High Court, in the case of Gurjant Singh and another vs. State of Punjab and another, has set aside an order passed by the Additional Sessions Judge, Sangrur, which allowed the summoning of the petitioners as additional accused in the case. The court held that the lower court had exceeded its jurisdiction by summoning the petitioner without sufficient prima facie evidence.

The petitioners were among the accused named in FIR No. 60/2019, registered under various sections of the Indian Penal Code (IPC), including Sections 307 (attempt to murder), 323 (voluntarily causing hurt), 341 (wrongful restraint), 506 (criminal intimidation), and others. During the trial, an injured witness, Rafi Kumar, appeared as PW-1 and implicated the petitioners. Subsequently, an application was filed under Section 319 of the Criminal Procedure Code (Cr.P.C.) seeking to summon the petitioners as additional accused.

Upon hearing the arguments, Justice Harkesh Manuja observed that the statement of PW-1 did not specifically attribute any role to petitioner No.1, except for allegations of lalkara (verbal threat). The court emphasized that for invoking the jurisdiction under Section 319 Cr.P.C., there must be evidence that, if un-rebutted, would lead to a conviction. Mere prima facie evidence, as assessed during the framing of charges, is insufficient.

The court referred to established legal parameters set by the Supreme Court and stated that the evidence must disclose a specific role or attribution to the accused. In the present case, apart from lalkara, no specific role or attribution was disclosed regarding petitioner No.1 in the witness statement. Consequently, the court concluded that the lower court failed to consider these legal specifications while passing the order to summon petitioner No.1.

The judgment highlighted that summoning an accused as an additional accused requires more than a prima facie case; there must be reliable evidence against the accused. In the absence of such evidence against petitioner No.1, the lower court had erred in summoning him as an additional accused.

Accordingly, the High Court allowed the revision petition with respect to petitioner No.1 and set aside the order passed on 4th January 2020. The petition regarding petitioner No.2 was dismissed as it was not pressed, with the liberty to raise all available pleas at an appropriate stage during the trial.

This ruling by the Punjab and Haryana High Court reaffirms the importance of meeting the required legal specifications and presenting reliable evidence before summoning an accused as an additional accused under Section 319 Cr.P.C. The decision emphasizes the significance of ensuring that the evidence, if un-rebutted, would lead to a conviction in order to protect the rights of the accused and prevent undue harassment in the criminal justice system.

Decided on: 28.04.2023

Gurjant Singh and another vs. State of Punjab and another

Latest Legal News