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Power of summoning u/s 319 Crpc

Power of summoning is not to be exercised routinely, it depends on the existence of more than a prima facie case that is sine qua non to summon an additional accused.

There is no gainsaid that the alleged offences is grave in nature. The long arms of the law must find out whether any person is guilty of abetting or taking away the precious life of some one who soon after her marriage met with such a tragic end. However, the only issue that falls for our considerations is whether there is sufficient evidence against the accused to summon them as additional accused

Power of summoning u/s 319 Crpc is not to be exercised routinely and the existence of more than a prima facie case is sine qua non to summon an additional accused in conformity with the binding judicial dictum referred to above, the procedural safeguard can be that ordinarily the summoning of a person at the very threshold of the trial.

May be discouraged and trial court must evaluate the evidence against the person s sought to be summoned and then adjudge whether such material is, more or less carry the same weight age and value as has been testified against those who are already facing trial. In the absence of any credible evidence, the Power u/s 319 Crpc ought not to be invoked.

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