Code of Criminal Procedure, 1973–Sec. 319 [Corresponding Sec. 358 of BNSS, 2023]–Whether the plea of alibi can be taken at the stage of taking cognizance ?–Held, no–This plea of alibi should be proved by the accused at the appropriate stage of defence–The threshold for summoning an additional accused is the existence of prima facie evidence indicating involvement in the offence, not proof beyond reasonable doubt–The defence, so put by the accused with regard to this plea of alibi that they were not present at the place of occurrence, would be taken into by the Trial Court at the appropriate stage–Plea deserves to be negated–However, the petitioner no. 2 was arrested earlier, and released u/s. 169 Cr.P.C., his custodial arrest is not required–Directed accordingly.
