Criminal Procedure Code, 1973
Section 319—Summoning of additional accused—Guiding factors—While summoning an accused initially, a prima facie case is required to be made out—If there are great doubts that some person has committed an offence, it is very well said that there is a prima facie case made out against such person—Summoning of a person under Section 319 of the Code is a stage, which is beyond initial summoning of the existing accused.
[Para 9]
Section 319—Summoning of additional accused—Revision—Court has to weigh the evidence before summoning a person under Section 319 of CrPC and while weighing that material, a different set of satisfaction is required to be arrived at—Degree of satisfaction of summoning the accused (original and subsequent) has to be different—Level of satisfaction should be higher than the initial summoning of an accused—Court below did not evaluate the evidence to arrive at a satisfaction that there is much stronger evidence than mere probability of complicity of the revisionists in the offence—Degree of satisfaction has not been recorded by the court below while passing the impugned order—Impugned order does not reveal, as to under which offence the revisionists have been summoned—Impugned order is not in accordance with law and liable to be set aside—Court below is directed to afford an opportunity of hearing to the parties and pass fresh order in accordance with law on the application under Section 319 of the Code—Petition allowed.
[Paras 10 to 14]
Decision : Petition allowed