Section 319 CrPC can be Invoked Only on Trial Evidence, Not Case Diary or Charge Sheet: Allahabad High Court

The Allahabad High Court held that an additional accused can be summoned under Section 319 CrPC only based on evidence recorded during the trial and not on materials contained in the charge sheet or case diary.

The Court reiterated that the power under Section 319 CrPC is extraordinary and must be exercised sparingly, requiring more than a mere prima facie case. 

Upholding the trial court’s order, the High Court found that the evidence on record did not justify summoning the deceased woman’s in-laws in a dowry death case, as the prosecution material failed to establish their involvement beyond suspicion.

[Man Singh v. State of U.P. & 3 Ors.]