Summoning Under Section 319 Cr.P.C. Requires Cogent Evidence: Punjab and Haryana High Court Sets Aside Order for Lack of Credible Material

In a significant ruling, the High Court of Punjab and Haryana at Chandigarh has set aside an order summoning additional accused under Section 319 of the Criminal Procedure Code (Cr.P.C.), emphasizing the necessity of 'cogent evidence' in such proceedings. Justice Harpreet Singh Brar, presiding over the case, highlighted the importance of credible material for invoking this discretionary and extraordinary power.

The revision petition, CRR No.552 of 2023, was filed by Sunil @ Sunil Kumar and others against the State of Haryana, challenging the summoning order dated June 2, 2022, by the Additional Sessions Judge, Hisar. The petitioners were summoned to face trial in connection with an FIR that included charges of murder, assault, theft, and criminal conspiracy.

Justice Brar, in his ruling, observed, "Summoning of a person as an additional accused under Section 319 Cr.P.C. merely on the statement made by the complainant without taking into consideration documentary and other evidence during the course of investigation warrants interference by this Court." This statement underscores the Court's stance on the necessity of substantial evidence beyond mere allegations for summoning additional accused.

The Court also noted, "The trial Court must evaluate the material against the persons sought to be summoned and then adjudge whether such material, more or less, carry the same weightage and value as has been testified against those who are already facing trial."

The ruling reinforces the principle that the power under Section 319 Cr.P.C. is not to be exercised lightly and requires more than a prima facie case. The decision underlines the judiciary's commitment to ensuring that the process of summoning additional accused is not misused and is based on a thorough examination of credible evidence.

The judgment referenced several significant rulings, including Juhru and others Vs. Karim and another (2023) 5 SCC 406 and Hardeep Singh Vs. State of Punjab 2015 (1) RCR (Criminal) 623, providing a legal framework for understanding the application of Section 319 Cr.P.C.

This judgment by the High Court of Punjab and Haryana adds a crucial layer to the jurisprudence surrounding the summoning of additional accused, aligning with the principle of fair trial and the need for robust evidence in criminal proceedings.

Date of Decision: 20th January 2024

Sunil @ Sunil Kumar and others VS State of Haryana