A court has affirmed a trial judge’s decision not to summon additional suspects in a case, stating the power to do so is discretionary and should be used sparingly.
Summoning of Additional Suspects Requires Strong Evidence
Justice Singh explained that the power to summon additional suspects is “discretionary and extraordinary.” It is to be exercised “sparingly and only in those cases where the circumstances of the case so warrant.”
The Court clarified that the power should not be used simply because the court believes another person might be guilty. Instead, it should only be invoked “where strong and cogent evidence occurs against a person from the evidence led before the Court” and not in a “casual and cavalier manner.”
The court found the trial judge correctly dismissed an application to summon family members as additional accused, concluding no prima facie case had been established against them.
“The order under challenge is logical, legal and does not call for interference,” the Bench said while dismissing the revision plea.
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