https://www.taxtmi.com/caselaws?id=469738 Section 319 CrPC is an extraordinary power to add a person as an accused only when the evidence recorded in inquiry or trial shows that, if unrebutted, it would justify conviction. Mere prima facie suspicion is not enough, and the power must be exercised sparingly. At the stage of considering such an application, the court may rely on evidence already on record, including cross-examination where available. On this standard, treating a mere prima facie case as sufficient was incorrect, and the summoning order was unsustainable. en-us Wed, 13 May 2009 00:00:00 +0530 Thu, 02 Jul 2026 11:55:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=469738 Section 319 CrPC is an extraordinary power to add a person as an accused only when the evidence recorded in inquiry or trial shows that, if unrebutted, it would justify conviction. Mere prima facie suspicion is not enough, and the power must be exercised sparingly. At the stage of considering such an application, the court may rely on evidence already on record, including cross-examination where available. On this standard, treating a mere prima facie case as sufficient was incorrect, and the summoning order was unsustainable. Case-Laws Indian Laws Wed, 13 May 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=469738