Criminal Law
A Sessions Court can summon an additional accused at the committal stage
What the Court held
In Kallu Nat alias Mayank Kumar Nagar v. State of U.P. (Supreme Court of India, 05.08.2025; 2025 LiveLaw (SC) 770), the Court held that once a case is committed to it, a Sessions Court may summon a person who was not named in the charge sheet to stand trial, in exercise of its power under Section 193 of the Code of Criminal Procedure, on the material on record. It does not have to wait to invoke Section 319 after the trial has begun.
Why it matters
Cognizance, the Court reiterated, is taken of the offence and not only of the named offender, so a person whose involvement is apparent from the record can be brought in at the threshold of the Sessions trial. For a complainant it is a route to add an accused the police left out; for a person so summoned it confirms that the Sessions Court's power to do so is real and must be met on the merits.
This note is general information on the law as at the date shown, not legal advice on any specific matter. The law changes; for advice on your facts, please speak to the firm.
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