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Neeraj Kumar @ Neeraj Yadav vs. State of U.P. & Ors.

Not available · 2025 INSC 1386Decided 4 Dec 2025
Not available
Justice Sanjay Karol · Justice Nongmeikapam Kotiswar Singh

Background

The appellant's sister was allegedly shot by her husband at her matrimonial home; the appellant lodged an FIR against the husband under Section 307 IPC (attempt to murder) based on information relayed by his nine-year-old niece who said "Papa has shot Mummy at home." During the trial, the prosecution sought to summon additional persons (the respondents) as co-accused under Section 319 CrPC based on witness depositions and the deceased's own statements recorded during investigation, but the trial court dismissed the application, and the Allahabad High Court affirmed that dismissal in revision.

Decision Breakdown

The Supreme Court examined the depositions of the prosecution witnesses and the statements of the deceased victim recorded during investigation, and found that this material prima facie suggested complicity of the respondents in the offence, meeting the threshold required to exercise the power under Section 319 CrPC to summon additional accused. It held that the respondents' objections (alleged tutoring of the minor witness, their names being absent from the initial FIR, inconsistencies in statements, lack of contemporaneous medical certification) were all matters that could not be conclusively decided at this preliminary summoning stage. The Court allowed the appeal, set aside the High Court's order, directed the respondents to appear before the trial court, and expedited the trial while clarifying its observations were only for the limited purpose of the summoning application and not a comment on the merits.

Lesson Learnt

When there is credible prima facie evidence (even from witness statements gathered during investigation, not just trial testimony) pointing to a person's involvement in a crime, courts should not shy away from summoning them as additional accused under Section 319 CrPC merely because of technical objections like their absence from the original FIR; such defenses are for trial, not for blocking the summoning stage.

Official source (sci.gov.in)View Judgment (PDF)

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