Mere Disclosure Of Names By Some Witnesses During Trial Not Enough To Add Persons Not Named In FIR As Additional Accused: SC [Read Judgment]

The Supreme Court has observed that mere disclosure of the names of some persons by the witnesses during trial cannot be said to be strong and cogent evidence to summon them under Section 319 of the Criminal Procedure Code. During the trial, the prosecution filed an application was filed under Section 319 of the Code to summon the 20 accused persons named in the application as additional accused. The court added that additional accused cannot be summoned under Section 319 of the Code in casual and cavalier manner in the absence of strong and cogent evidence. Mere disclosing the names of the appellants cannot be said to be strong and cogent evidence to make them to stand trial for the offence under Section 319 of the Code, especially when the Complainant is a husband and has initiated criminal proceedings against family of his in-laws and when their names or other identity were not disclosed at the first opportunity."