Criminal Procedure Code, 1973
Section 319—Summoning of appellants as additional accused—Refusal by the High Court to quash summoning order—Appellants were named in the first information statement, however, in the statement under Section 161 CrPC, first informant clarified that the names of appellants were written in the FIR falsely and without full information—She has also stated that appellants were not involved in the murder of her son—Even in the charge sheet, the names of appellants were not mentioned as accused—It is only in her deposition before the trial court the names of the accused resurfaces again—None of other witnesses have deposed anything about the appellants—Change of circumstance which the prosecution seeks to contend on the basis of first informant’s deposition does not satisfy the requirement of Section 319 at all—First informant, not being an eye-witness, her deposition is not sufficient enough to invoke the extra-ordinary jurisdiction under Section 319 to summons the appellants—Higher degree of satisfaction that is required for exercise of powers under Section 319 CrPC is not met in the present case—Impugned orders are set aside—Appeal allowed.
[Paras 22 to 25]