Code of Criminal Procedure, 1973–Sec. 319 [Corresponding Sec. 358 of BNSS, 2023]–Penal Code, 1860–Sec. 306/34–Order of summoning as the additional accused–Quashed by the High Court–Justification–Ground of accused-respondent no. 2 rests on his alibi–It is a plea in the nature of a defence–Documents relied upon by him are yet to be formally proved–Further, the offence of abetment of suicide is not an offence committed at a single moment–No infirmity is found in the Trial Court’s order–Non-summoning of respondent no. 2 would have risked a truncated trial and a possible failure of justice–Impugned order passed by the High Court is liable to be set aside.
