Supreme Court judgments on Section 319, Code of Criminal Procedure, 1973

25 judgments, latest first, from 2019 to 2026. Listed when the Supreme Court Reports file the judgment's headnote under Section 319 of this Act, as printed at the start of the headnote. Judgments that only mention it in passing are not listed.

Mohammad Kaleem vs State of Uttar Pradesh & Ors.

SC · 17 March 2026

[2026] 3 S.C.R. 586 : 2026 INSC 251

Issue arose as regards the propriety of the exercise of power by the Trial Court u/s.319 Cr.PC and the justifiability of the imprimatur granted thereto by the Court below.

Md Imran @ D.C. Guddu vs The State of Jharkhand

SC · 7 January 2026

[2026] 2 S.C.R. 139 : 2026 INSC 36

Issue arose whether the accused added during trial u/s.319 CrPC, entitled to bail.

Neeraj Kumar @ Neeraj Yadav vs State of U.P. & Ors.

SC · 4 December 2025

[2025] 12 S.C.R. 295 : 2025 INSC 1386

Issue arose whether the courts below, in the attending facts and circumstances, justified in dismissing the application for summoning additional accused.

Shiv Baran vs State of U.P. & Anr.

SC · 16 July 2025

[2025] 8 S.C.R. 229 : 2025 INSC 860

Matter pertains to the correctness of the order passed by the High Court quashing the summons issued against respondent u/s.319 CrPC by the trial court.

Harjinder Singh vs The State of Punjab & Anr.

SC · 6 May 2025

[2025] 6 S.C.R. 168 : 2025 INSC 634

Whether the evidence led, in the instant case, justified the Trial Court’s exercise of power u/s.319 CrPC to summon respondent no. 2, and whether the High Court was right in setting that order aside at the threshold.

Satbir Singh vs Rajesh Kumar and Others

SC · 1 April 2025

[2025] 5 S.C.R. 1 : 2025 INSC 416

Matter pertains to the correctness of the order passed by the High Court whereby it set aside the order of the trial court summoning respondents as additional accused for facing trial along with the principal accused.

Akhilesh vs State of Uttar Pradesh & Ors.

SC · 28 March 2025

[2025] 3 S.C.R. 1431 : 2025 INSC 431

Whether the High Court was justified in setting aside the trial court’s summoning order.

Yadwinder Singh vs Lakhi Alias Lakhwinder Singh & Anr. Etc.

SC · 26 March 2025

[2025] 3 S.C.R. 1407 : 2025 INSC 420

Whether the High Court was justified in setting aside the order of the Trial Court issuing summons u/s.319, CrPC against the private respondents.

Jamin & Anr. vs State of Uttar Pradesh & Anr.

SC · 6 March 2025

[2025] 3 S.C.R. 638 : 2025 INSC 330

(i) Whether the High Court was right in exercising its revisional jurisdiction for the purpose of setting aside the order of the Trial Court rejecting the second application preferred by the respondent no.2 u/s.319 of th…

Omi @ Omkar Rathore & Anr. vs The State of Madhya Pradesh & Anr.

SC · 3 January 2025

[2025] 1 S.C.R. 266 : 2025 INSC 27

Issue arose as regards summoning a person as accused for facing the trial, when the said person was named in the FIR but not chargesheeted.

Asim Akhtar vs The State of West Bengal & Anr.

SC · 18 October 2024

[2024] 10 S.C.R. 911 : 2024 INSC 794

Whether there is a mandate to decide the application u/s. 319 CrPC before cross-examination of other witnesses.

Raghuveer Sharan vs District Sahakari Krishi Gramin Vikas Bank & Anr.

SC · 10 September 2024

[2024] 9 S.C.R. 361 : 2024 INSC 681

Whether in the facts and circumstances of the case, the appellant is entitled for protection under Section 132 of the Evidence Act, 1872 as his statement was recorded earlier at the pre-summoning stage as a witness for t…

Shankar vs The State of Uttar Pradesh & Ors.

SC · 2 May 2024

[2024] 6 S.C.R. 10 : 2024 INSC 366

Whether there is sufficient material against the appellant prompting the trial court to pass a summoning order u/s. 319 Cr.P.C.

Gurdev Singh Bhalla vs State of Punjab & Ors

SC · 5 January 2024

[2024] 1 S.C.R. 319 : 2024 INSC 22

Whether the High Court was justified in dismissing the Revision filed by the appellant against the order of the Special Judge allowing the application u/s. 319 CrPC summoning the appellant along with three other official…

Juhru & Ors. vs Karim & Anr.

SC · 21 February 2023

[2023] 2 S.C.R. 519 : 2023 INSC 148

Code of Criminal Procedure, 1973 – s. 319 – Additional accused – Summoning of –Appeal filed by the father-inlaw(appellant no.1), sister-in-law(appellant no.2), and brother-inlaw(appellant no.3) of the deceased against th…

Sukhpal Singh Khaira vs The State of Punjab

SC · 5 December 2022

[2022] 10 S.C.R. 156 : 2022 INSC 1252

Code of Criminal Procedure, 1973 : s. 319 – Power to summon additional accused under – When the trial with respect to other coaccused has ended and the judgment of conviction rendered on the same date before pronouncing…

M/s Suvarna Cooperative Bank Ltd. vs State of Karnataka and Anr.

SC · 9 December 2021

[2021] 9 S.C.R. 389 : 2021 INSC 854

Code of Criminal Procedure, 1973 – ss.482 and 319 – Quashing of criminal proceedings – Held: Merely because some other persons who might have committed the offences, but were not arrayed as accused and were not charge-sh…

Ramesh Chandra Srivastava vs The State of U. P. & Anr.

SC · 13 September 2021

[2021] 6 S.C.R. 219 : 2021 INSC 470

Code of Criminal Procedure, 1973 – s.319 – Summons purporting to invoke power u/s.319 CrPC – Challenge to – Murder – Deposition of second respondent that her husband (deceased) was murdered by his employer (the appellant…

Manjeet Singh vs State of Haryana & Ors.

SC · 24 August 2021

[2021] 7 S.C.R. 855 : 2021 INSC 419

Code of Criminal Procedure, 1973 – s.319 – Summoning of additional accused – An FIR was registered on the basis of the statement of the original complainant regarding death of his son and injuries suffered by his nephew-…

Sartaj Singh vs State of Haryana & Anr. etc.

SC · 15 March 2021

[2021] 3 S.C.R. 87 : 2021 INSC 185

Code of Criminal Procedure, 1973 – s.319 – Summoning of additional accused – Appellant-original informant was attacked by private respondents and other accused persons – On basis of the statement of the appellant, FIR wa…

Saeeda Khatoon Arshi vs State of Up & Anr.

SC · 10 December 2019

[2019] 14 S.C.R. 829 : 2019 INSC 1355

Code of Criminal Procedure, 1973: s.319 – Power to proceed against other persons appearing to be guilty of offence – Prosecution case was that appellant received phone call on fateful night at 3 a.m. from second responde…

Mani Pushpak Joshi vs State of Uttarakhand & Anr.

SC · 17 October 2019

[2019] 13 S.C.R. 819 : 2019 INSC 1161

Code of Criminal Procedure, 1973 - s.319 and ss.161, 164 - FIR lodged by the father of prosecutrix (aged about 6 years) about sexual assault on her - Prosecutrix in her statement inter alia stated that after she returned…

Shiv Prakash Mishra vs State of Uttar Pradesh and Another

SC · 23 July 2019

[2019] 10 S.C.R. 541 : 2019 INSC 798

Code of Criminal Procedure, 1973 – s.319 – Power under – Exercise of – Complaint lodged that respondent no.2-SCS along with other accused viz. SaS, DS, LKS and RS formed themselves into an unlawful assembly and came to t…

Rajesh & Ors. vs State of Haryana

SC · 1 May 2019

[2019] 8 S.C.R. 187 : 2019 INSC 613

Code of Criminal Procedure, 1973: s.319 – Scope and ambit of power of Magistrate under s.319 – Prosecution case was that on the fateful day, the accused persons, ten in number, arrived at the place where the complainant…

Sunil Kumar Gupta and Others vs State of Uttar Pradesh and Others

SC · 27 February 2019

[2019] 4 S.C.R. 875 : 2019 INSC 284

Code of Criminal Procedure, 1973: s.319 – Summoning of appellants for offence under s.302 IPC – Allegation of dowry death of victim-deceased – Prosecution case was that the dying declaration of the victim-deceased was th…

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