Court Rules Summoning Must Be Based on Trial Evidence, Not Merely Charge Sheet Material
In a significant decision, the Madhya Pradesh High Court at Jabalpur, presided over by Justice Avanindra Kumar Singh, has set aside a trial court order summoning additional accused in a criminal case based solely on the material available in the charge sheet. The judgment emphasizes that the power to summon additional accused must be exercised based on evidence recorded during the trial, in accordance with Section 319 of the Criminal Procedure Code (Cr.P.C.), rather than Section 213 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The case, titled Ganesh Prasad Garg v. State Of Madhya Pradesh, involved a revision petition filed by Ganesh Prasad Garg and Bablu Mishra, challenging the order dated May 24, 2025, passed by the Additional Sessions Judge in Lavkush Nagar, District Chhatarpur, M.P. The trial court had invoked Section 213 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to summon the petitioners as additional accused, despite their exclusion from the charge sheet.
The High Court examined precedents and statutory provisions to conclude that the summoning of additional accused solely based on the charge sheet material was unjustified. Justice Singh cited several judgments, including Hardeep Singh v. State of Punjab and Omi @ Omkar Rathore v. State of Madhya Pradesh, to support the principle that the trial court must rely on recorded evidence during trial for summoning additional accused.
The court underscored that cognizance of an offence can only be taken once, and if already taken and charges framed, additional accused can only be added under Section 319 of Cr.P.C., after evidence is recorded during the trial. The judgment clarified that mere inclusion of names in the FIR or charge sheet is insufficient for summoning additional accused.
Justice Singh pointed out the legal error in the trial court's reasoning, which was influenced by the complainant's application rather than evidence recorded during trial. The court directed that after recording evidence, including cross-examination, the trial court may proceed under Section 319 of Cr.P.C. if the evidence warrants summoning additional accused.
This decision reinforces the procedural integrity of criminal trials and ensures that accused persons are summoned based on substantiated evidence rather than preliminary investigation findings. Legal experts view the judgment as a reaffirmation of the judiciary’s commitment to uphold due process and protect individuals from unwarranted judicial actions.
Bottom Line:
The trial court cannot summon additional accused under Section 213 of Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.N.S.) based solely on material available in the charge sheet. The power to add accused persons must be exercised based on evidence recorded during the trial under Section 319 of Cr.P.C.
Statutory provision(s): Section 213 of Bharatiya Nagarik Suraksha Sanhita, 2023, Section 319 of Cr.P.C.
