Section 319 CrPC lays down power of trial court to proceed against persons not being the accused, whom the Court thinks, from the evidence gathered during the course of inquiry or trial, to have committed the offence.
The trial court in the present case had rejected an application filed by the complainant under Section 319 CrPC for summoning the appellant Sagar as accused to face trial in a murder case.
While rejecting the application, the trial court had observed that neither was the complainant an eye-witness to the acts alleged to have been committed by the appellant nor was the involvement of the appellant mentioned in the chargesheet.
The Allahabad High Court had overturned the trial court ruling leading to the present appeal before the Supreme Court.
Source: Barandbench
