SC RESTORES SUMMONS IN MURDER CASE: TRIAL COURTS CAN SUMMON ACCUSED EVEN IF NOT CHARGESHEETED UNDER SECTION 319 CrPC

 In a landmark judgment dated July 16, 2025, the Hon’ble Supreme Court of India ruled that trial courts have the power to summon individuals not named in the chargesheet if, during trial, evidence indicates their complicity. This decision reaffirms the scope of Section 319 CrPC, empowering courts to ensure justice is not hindered by procedural limitations.

The judgment was delivered by a Bench comprising Justice Sanjay Karol and Justice Joymalya Bagchi, allowing an appeal by complainant Shiv Baran in a 2017 murder case. The Court set aside the Allahabad High Court’s order which had quashed the trial court’s direction to summon Rajendra Prasad Yadav, originally named in the FIR but not chargesheeted by police.

STATEMENT BY DR. ANTHONY RAJU

Advocate, Supreme Court of India

Chairman, All India Council of Human Rights, Liberties and Social Justice

 "This is a highly appreciated and legally sound observation by the Hon’ble Supreme Court. The judgment not only clarifies the scope of Section 319 CrPC but also reinforces the principle that truth must prevail during trial, regardless of who is initially chargesheeted or not.

As a Criminal Law Expert and Human Rights Defender, I strongly welcome this decision. It reaffirms the trial court’s active role in ensuring that all individuals complicit in a crime are brought to justice, regardless of investigative lapses. This verdict will strengthen public faith in the criminal justice system and uphold the victim’s right to fair trial."

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