Accused Placed in Column No. 2 Can Still Be Summoned: Punjab & Haryana High Court Upholds Section 319 CrPC Order
Case Name: Mahender Singh v. State of Haryana and Another
Date of Judgment: 18 February 2026
Citation: CRM-M-6049-2019
Bench: Hon’ble Mrs. Justice Manisha Batra
Held: The Punjab and Haryana High Court held that the mere fact that an accused was found innocent during investigation and placed in Column No. 2 of the challan does not bar the trial Court from summoning him under Section 319 CrPC if strong and cogent evidence emerges during trial. The Court reiterated that power under Section 319 CrPC is extraordinary and to be exercised sparingly, but can be invoked even on the basis of examination-in-chief if the evidence indicates prima facie involvement beyond mere suspicion.
Summary: The petitioner invoked Section 482 CrPC seeking quashing of order dated 25.07.2018 passed by the Judicial Magistrate First Class, Hansi, whereby he was summoned as an additional accused under Section 319 CrPC in FIR No. 273 dated 03.05.2014 registered under Sections 379, 447, 506 and 34 IPC at Police Station Narnaud, District Hisar. He also challenged the revisional order dated 08.01.2019 affirming the summoning order .
The FIR had been lodged by complainant Raghubir Singh alleging interference in possession of partitioned agricultural land, criminal intimidation, and forcible harvesting of crop. The petitioner was specifically named in the FIR along with other accused. However, during investigation, he was found innocent and placed in Column No. 2, and challan was presented only against other accused .
During trial, after recording the examination-in-chief of the complainant, an application under Section 319 CrPC was moved. The complainant reiterated specific allegations regarding the petitioner’s presence and active participation in intimidation and forcible harvesting of crop. On this basis, the trial Court summoned the petitioner as an additional accused, which order was upheld in revision .
Before the High Court, the petitioner argued that investigation had exonerated him and that the impugned orders were unsustainable. The High Court examined the scope of Section 319 CrPC and reiterated that evidence recorded before the Court can form the basis of summoning even if the investigating agency did not file challan against the person concerned .
The Court held that the complainant’s categorical deposition constituted strong prima facie material warranting exercise of power under Section 319 CrPC. The opinion of the investigating agency placing the petitioner in Column No. 2 was not binding on the trial Court.
Decision: The petition was dismissed. The summoning order under Section 319 CrPC and the revisional order were upheld .