https://www.taxtmi.com/caselaws?id=303877 A committal Magistrate taking cognizance of an offence may summon additional persons not sent up in the police report, even in a case triable exclusively by the Court of Session, if the material on record shows prima facie involvement. The power flows from cognizance and existing record, not from a detailed trial or oral evidence. At the summoning stage, the Court need only see whether the allegations are inherently improbable or unsupported. On the facts described, summoning of petitioners 2 to 4 was upheld because the record attributed their presence and participation in the alleged unlawful assembly, while the first petitioner's summoning was set aside for lack of material showing his presence or membership. en-us Wed, 06 Jul 1994 00:00:00 +0530 Mon, 22 Aug 2022 17:53:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=303877 A committal Magistrate taking cognizance of an offence may summon additional persons not sent up in the police report, even in a case triable exclusively by the Court of Session, if the material on record shows prima facie involvement. The power flows from cognizance and existing record, not from a detailed trial or oral evidence. At the summoning stage, the Court need only see whether the allegations are inherently improbable or unsupported. On the facts described, summoning of petitioners 2 to 4 was upheld because the record attributed their presence and participation in the alleged unlawful assembly, while the first petitioner's summoning was set aside for lack of material showing his presence or membership. Case-Laws Indian Laws Wed, 06 Jul 1994 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=303877