Accused Can Be Summoned U/s 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Supreme Court

An accused can be summoned under Section 319 of the Code of Criminal Procedure on the basis of even examination ­in ­chief of the witness and the Court need not wait till his cross­ examination, the Supreme Court observed.The bench comprising Justices DY Chandrachud and MR Shah observed that If on the basis of the examination ­in­ chief of the witness the Court is satisfied that there is. The bench comprising Justices DY Chandrachud and MR Shah observed that If on the basis of the examination ­in­ chief of the witness the Court is satisfied that there is a prima facie case against the proposed accused, the Court may in exercise of powers under Section 319 CrPC array such a person as accused and summon him to face the trial. To allow the appeal, the bench referred to the Constitutional Bench judgment in Hardeep Singh v. State of Punjab 3 SCC 92 and observed: Considering the law laid down by this Court in Hardeep Singh and the observations and findings referred to and reproduced hereinabove, it emerges that the Court can exercise the power under Section 319 CrPC even on the basis of the statement made in the examination ­in ­chief of the witness concerned and the Court need not wait till the cross­examination of such a witness and the Court need not wait for the evidence against the accused proposed to be summoned to be tested by cross examination; and a person not named in the FIR or a person though named in the FIR but has not been charge­sheeted or a person who has been discharged can be summoned under Section 319 CrPC, provided from the evidence, it appears that such person can be tried along with the accused already facing trial. If on the basis of the examination ­in­ chief of the witness the Court is satisfied that there is a prima facie case against the proposed accused, the Court may in exercise of powers under Section 319 CrPC array such a person as accused and summon him to face the trial.