In the recent matter of Vikram Rathi v. State of Uttar Pradesh and Another, the division bench of the Supreme Court headed by Justices Abhay S Oka and Rajesh Bindal held that the summon Additional accused u/s 319 of Code of Criminal Procedure is discretionary. The Court further held that mere suspicion cannot be the basis to summon an additional accused.

"It is not mere suspicion on the basis of which an additional accused could be summoned. Only where strong and cogent evidence is available against a person from the evidence produced before the court, which could lead to his conviction, that such a power could be exercised," the judgment said.

The Supreme Court set aside the Orders of the Delhi High court that the trial court to decide afresh an application under Section 319 CrPC to summon a person as an additional accused.

Case Brief 

In the said matter, the complainant was against an unknown person for the murder of his brother, his brother was an employee at the appellant's firm. Soon after, the wife of the deceased filed a complaint raising allegations against the appellant.

When the investigation is done, the police found an eye witness to the murder whose statement was recorded under Section 164 CrPC. and the police filed a chargesheet against two accused persons. The appellant was examined as a prosecution witness. After the statement of the appellant was recorded, the complainant filed an application under Section 319 CrPC to summon the appellant as accused solely on the basis of certain vague oral allegations made by one of the witnesses.