Court can summon any person to face trial, even on the basis of examination-in-chief of an eye-witness
M. R. Shah J, while deciding application to summon accused, recently observed that, “Accused can be summoned on basis of even examination- in -chief of witness and Court need not wait till his cross-examination. If on basis of examination- in -chief of witness Court is satisfied that there is prima facie case against proposed accused, Court may in the exercise of powers under S.319 Cr. P.C array such person as accused and summon him to face trial.”
Even in a case where the stage of allowing the complainant to file a protest petition urging upon the trial court to summon other persons as well who were named in FIR but not implicated in the chargesheet has gone, in that case, also, the Court has ample jurisdiction. Those persons named in FIR but not implicated in charge sheet can also be summoned to face the trial provided during the trial some evidence surfaces against the proposed accused
It must be noted that right from the beginning of the case, the injured eye witness, who was also the first informant, disclosed names of all accused and specifically named them in FIR. But on basis of some enquiry by DSP they were not charge-sheeted. What will be the evidentiary value of such enquiry report submitted by DSP is altogether another question and need not be determined currently. It is not that investigating officer did not find the case against the accused and therefore they were not charge-sheeted. In any case, in the examination- in -chief of an injured eye-witness, names of all accused are disclosed. Statements made in the examination-in-chief are the same as stated while lodging FIR. Summons rightly issued to accused, for facing trial.
