AIROnline 2025 SC 197

Supreme Court Of India

(From : AIROnline 2024 P and H 1368)

Hon'ble Judge(s): Dipankar Datta, Manmohan , JJ

Criminal P.C. (2 of 1974) , S.319— Summoning of additional accused - Legality - No conclusive finding could be given merely on basis of several reports of Deputy Superintendents of Police , that additional accused persons were not involved - Initial statement of complainant referred to fact that one additional accused had held him facilitating stabbing by main accused, who gave a knife blow in waist followed by another blow near his heart which penetrated up to his lungs and as regards another additional accused, it was alleged that he had threatened complainant - Considering version of complainant in course of examination-in-chief, Sessions Judge formed a satisfaction higher than a prima facie satisfaction of alleged involvement of additional accused persons and their complicity in crime would have to be examined and tested on evidence being led at trial - Conclusion drawn by Sessions Judge in summoning additional accused was a plausible conclusion - Setting aside of sessions judge's order by High Court , was erroneous. AIROnline 2024 P and H 1368-Reversed (Para 16 17 18) .....