Holding

Section 319 CrPC may be invoked when the evidence, taken as a whole, is strong and cogent, and the lower courts erred in applying a stricter standard, so the additional accused must be summoned.

Summary

The case involved a complaint by Mohammad Kaleem regarding the murder of Ammar, wherein the complainant sought to summon two additional persons, Rajendra and Mausam, as accused under Section 319 of the Criminal Procedure Code. The Trial Court and the Allahabad High Court rejected the application, holding that the evidence—particularly the statements of the complainant and witnesses PW‑6 and PW‑7—was inconsistent, unreliable, and failed to meet the ‘strong and cogent’ standard required for summoning additional accused. On appeal, the Supreme Court examined the appropriate evidentiary threshold for Section 319 applications, emphasizing that the power is extraordinary and should be exercised sparingly, and that the court need not conduct a full credibility assessment or a mini‑trial at the pre‑trial stage. The Court held that the cumulative oral testimony of three witnesses, despite minor contradictions, satisfied the strong and cogent standard, and that the lower courts had applied an unduly stringent test. Consequently, the Supreme Court set aside the judgments of the Trial Court and High Court, ordered that the proposed additional accused be produced, and allowed the appeals.

Issues considered

Whether the Trial Court correctly exercised its power under Section 319 CrPC in refusing to summon the proposed additional accused
What evidentiary standard must be satisfied for a Section 319 CrPC application – mere suspicion versus strong and cogent evidence
Whether the lower courts erred by applying a stricter than required standard and by treating pre‑trial scrutiny as a mini‑trial

Legislation cited

Code of Criminal Procedure, 1973s. 319
Indian Penal Code, 1860s. 120-B, s. 302, s. 307

Headnote

Issue for Consideration Issue arose as regards the propriety of the exercise of power by the Trial Court u/s.319 Cr.PC and the justifiability of the imprimatur granted thereto by the Court below. Headnotes† Code of Criminal Procedure, 1973 – s.319 – Exercise of power under a mini trial – Trial Court and High Court refused to allow the Appellant- complainant’s application to summon additional accused filed u/s.319 holding that the evidence of the complainant was inconsistent with the FIR and the documentary record, and that the statements of PW-6

Subjects

Section 319Code of Criminal Procedure, 1973Summoning additional accusedProposed additional accusedAdditional accusedPre‑trial scrutiny not a mini trialProposed accusedInvolvement of proposed accused

Judgment

[2026] 3 S.C.R. 586 : 2026 INSC 251

Mohammad Kaleem
v.
State of Uttar Pradesh & Ors.
(Criminal Appeal No. 1430 of 2026)
17 March 2026
[Sanjay Karol* and Augustine George Masih, JJ.]

Issue for Consideration
Issue arose as regards the propriety of the exercise of power by
the Trial Court u/s.319 Cr.PC and the justifiability of the imprimatur
granted thereto by the Court below.

Headnotes†
Code of Criminal Procedure, 1973 – s.319 – Exercise of power
under – Pre-trial scrutiny should not resemble a mini trial –
Trial Court and High Court refused to allow the Appellant-
complainant’s application to summon additional accused
filed u/s.319 holding that the evidence of the complainant
was inconsistent with the FIR and the documentary record,
and that the statements of PW-6 and PW-7 were mutually
contradictory and unreliable and thus, the evidence did not
reach the standard required for summoning additional accused
u/s.319 – Challenge to:
Held: Judgments of the Courts below set aside – Power u/s.319 is
extraordinary and should be exercised sparingly – Court must assess
whether the evidence on record, if unrebutted, reasonably indicates
the involvement of the proposed accused – Court need not establish
guilt or conduct a detailed credibility assessment at this stage – Pre-
trial scrutiny should not resemble a mini trial – Trial Court misdirected
itself in this regard – In evaluating minor contradictions between
witness statements and plausibility issues such as whether the
complainant could have avoided injury, Trial Court effectively applied
a stricter standard than necessary – It applied higher than necessary
standard by relying on the absence of jail records or highlighting
minor discrepancies in hospital admission or FIR details – While
these points raise valid questions about reliability, they cannot be
gone into threadbare at this stage –Trial Court also erred in taking
a fragmented approach while appreciating evidence – It treated
each inconsistency in isolation rather than assessing the cumulative
* Author
[2026] 3 S.C.R. 587

Mohammad Kaleem v. State of Uttar Pradesh & Ors.

weight of all testimonies and circumstances – Similarly, reliance on
documentary corroboration is not required; oral evidence alone, if
credible, may suffice – The Court’s emphasis on the lack of jail
records and the physical plausibility of witness accounts exceeded
the threshold scrutiny expected at this stage – It overstepped
the intended scope of pre-trial scrutiny, overemphasized minor
inconsistencies, and did not fully consider the cumulative force of
the evidence – The law consistently balances caution against undue
summoning with the need to ensure that potentially implicated
individuals are brought to trial when the record, taken as a whole,
reasonably supports it – Further, the proposed additional accused
persons were named as persons involved in the case by way of
a larger conspiracy or otherwise, by PW-1, as noticed by the trial
court itself and also PWs 6 & 7 – It is a separate matter that, as
found by the Trial Court, there are inconsistencies in the overall
testimonies of these witnesses but, that is a matter of trial and not
within the Court’s scope at the time of considering an application
u/s.319 CrPC – The testimony, on oath, by 3 witnesses, including
the complainant is sufficient in the facts of this case to meet the
strong and cogent evidence standard – The persons who are
sought to be produced as additional accused to be produced as
such, and proceeded with, in accordance with law – Penal Code,
1860 – ss.307, 302 and 120-B. [Paras 8-12]

Evidence – Assessment of, depending on the stage of
proceedings and the nature of the relief prayed for:
Held: Courts generally assess evidence at three distinct levels,
depending on the stage of proceedings and the nature of the relief
prayed for – The lowest threshold, or prima facie standard, requires
only a connection to proceed with formal charges – The middle
threshold, which is often described as strong and cogent, applies
when Courts consider summoning additional accused u/s.319
CrPC; the evidence must be reliable and reasonably persuasive,
but proof beyond reasonable doubt is not required – The highest
threshold demands proof beyond reasonable doubt, the standard
necessary for conviction, where the Court must be fully satisfied
of the guilt of the accused. [Para 6]

Case Law Cited
Hardeep Singh v. State of Punjab [2014] 2 SCR 1 : (2014) 3 SCC
92; Neeraj Kumar v. State of UP [2025] 12 SCR 295 : 2025 SCC
OnLine SC 2639 – relied on.
588 [2026] 3 S.C.R.

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List of Acts
Code of Criminal Procedure, 1973; Penal Code, 1860.

List of Keywords
Section 319, Code of Criminal Procedure, 1973; Summoning
additional accused; Proposed additional accused; Additional
accused; Pre-trial scrutiny not a mini trial; Proposed accused;
Involvement of proposed accused.

Case Arising From
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
1430 of 2026
From the Judgment and Order dated 27.03.2023 of the High Court
of Judicature at Allahabad in CRLR No. 3720 of 2021.
With
Criminal Appeal No. 1431 of 2026

Appearances for Parties
Advs. for the Appellant(s):
Raghavendra Mohan Bajaj, Ms. Garima Bajaj, Zeeshan Ahmed.
Advs. for the Respondent(s):
Vikas Bansal, Vishwa Pal Singh, Mukesh Kumar, Dr. Bharpur
Singh, Adesh Gill, Ms. Munisha Anand, Arun Singh, Vikas Gothwal,
Ms. Soniya Sharma, Y.P. Singh, Manzoor Ali Khan Kacho,
Dhananjay Garg, Abhishek Garg, Dinesh Kumar Garg, Praveen
Bajaj, R.P. Bansal.

Judgment / Order of the Supreme Court

Judgment

Sanjay Karol, J.

Leave Granted.
2. The Appellant herein is the complainant in the First Information
Report1 dated 22nd August 2017 registered at Police Station – Kotwali

1 FIR
[2026] 3 S.C.R. 589

Mohammad Kaleem v. State of Uttar Pradesh & Ors.

Nagar, District Muzaffarnagar under Sections 307, 302 and 120-B,
Indian Penal Code, 18602 and PW-1 in subsequent proceedings
arising therefrom. He takes exception to the Trial Court3 and High
Court4 both refusing to allow his application to summon additional
accused preferred under Section 319 of the Code of Criminal
Procedure.5
3. The case pertains to the alleged killing of one Ammar and the people
who apparently, came together to make it happen. The FIR read thus:
“Sir, it is submitted that Gulshanawwar, Jamshed,
Naushad,S/O Ishrat are top criminals of P.S Bhopa, who
are lying in jail in connection with murder and other cases.
Previously,they have shot at my brother Khalid @ Bhura
and on the next day they have shot at my nephew Taslim
have committed his murder. Mohammad Ammar S/o.
Nurulla of our village was pleading in this case. Today,
hearing was to be conducted in the court of S.C.J.M-3
on the application of my nephew. I was going to the court
to plead in aforesaid case with Mohammad Ammar by
scooter at around 10:30 A.M and after travelling some
distance on reaching Aryapuri Galli from Ansari Road,
Dilshad S/o Ishrat,Mumtaz S/o Azmat R/o Sikri,Abid
S/o Nushrat R/o Rudkali accompanied by one more
accomplice, who I will recognize by his face, came over
there from behind by motorcycle and with an intention to
kill, they have fired shots at Ammar. Ikbal S/o Sagir and I
have witnessed this incident. We have immediately taken
Ammar by rickshaw to the government Hospital, where the
doctors have declared him brought dead. Rajendra S/o
Rajpal, Mausam S/o. Asghar R/o Sikri are involved in this
conspiracy, who have plotted conspiracy on the behest of
Gulshanawwar, Jamshed, Naushad and have committed
murder of Ammar…”

2 IPC
3 Additional Sessions Judge, Court No.1 ,Muzzaffarnagar in Sessions Trial 414 of 2018
4 High Court of Judicature at Allahabad in Criminal Revision No. · 1687 of 2020
5 CrPC
590 [2026] 3 S.C.R.

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4. After completion of investigation, challan was presented against
certain persons. In the list of witnesses presented by the two
prosecution witnesses, who according to the complainant were
necessary for the establishment of the case against the accused
Dilshad and others, were not listed. An application was made to
have the said people be examined as witnesses before the Trial
Court which came to be rejected by Order dated 17th March 2021.
The same was set aside by the High Court6 and the said witnesses
namely Khalil and Tazeem were examined as PW-6 and PW-7
respectively. It appears that on the basis on his own statement
under Section 161 CrPC and the testimony of PW-6 and PW-7,
the complainant wished to have two additional persons, namely
Rajendra and Mausam summoned as accused persons under the
power granted to the Court under Section 319, CrPC.
5. The Trial Court disposed of the application by order dated 30th
November 2011, rejecting the same. A perusal thereof reveals that
people already standing trial before the Court filed objections to
having the two above named persons as co-accused. The Court
considered the said objections along with the evidence as led by
PW-1, PW-6 and PW-7. The Court first noted that the allegation
of conspiracy was based primarily on the statements of the
complainant (PW-1) and the witnesses PW-6 Khalil and PW-7
Tazim. However, their accounts were materially inconsistent. While
the complainant stated that Rajendra and Mausam had met three
accused persons in jail, namely Gulshanawwar, Naushad and
Jamshed, PW-6 stated that the meeting was with Gulshanawwar
and Naushad who mentioned about a discussion with Jamshed.
PW-7, on the other hand, stated that the meeting was only with
Gulshanawwar. These inconsistencies created serious doubt
regarding the alleged meeting and the existence of any conspiracy.
The Court further observed that the witnesses did not specify any
exact date or time of the alleged meeting and merely stated that
it occurred about fifteen days before the incident. Ordinarily, the
entry and exit of visitors in jail premises is recorded in official
registers, yet the witnesses did not refer to any such record. This

6 Application U/S 482 No.- 9654 of 2021
[2026] 3 S.C.R. 591

Mohammad Kaleem v. State of Uttar Pradesh & Ors.

omission weakened the credibility of the claim that the meeting
had in fact taken place. The investigation record also undermined
the prosecution version. The case diary indicated that the accused
Jamshed had earlier been transferred from the local jail to
Saharanpur Jail and thereafter to Mirzapur Jail, following a quarrel
among inmates. As a result, he was not present in the local jail
at the relevant time. This circumstance cast further doubt on the
allegation that Rajendra and Mausam had met him there shortly
before the incident.
Still further, it was found the circumstances in which PW-6 and PW-7
allegedly overheard the conversation to be doubtful. According to
their own statements, they heard the discussion while passing near
the meeting place while returning home. However, their houses
were situated between Rajwaha and the alleged meeting place, and
there was no settlement beyond that point. In such circumstances
the Court found it unlikely that they would have taken that route.
The Court also noted that despite allegedly hearing about a plan
to murder Ammar, the witnesses did not inform the deceased but
reported the matter only to the complainant, who admittedly had
prior enmity with the accused persons. The Court then examined
the testimony of the complainant and found significant contradictions
between his FIR and his statement before the Court. In the FIR he
stated that four assailants arrived on two motorcycles and opened
fire. During his testimony he introduced a new version stating that
three additional persons had also arrived on another motorcycle. This
fact had not been mentioned in the written report or in his earlier
police statement. The allegation of a prior conspiracy was also
absent from the FIR. Further inconsistencies were noted regarding
the circumstances in which the injured Ammar was taken to the
hospital. The complainant stated that he had taken the deceased
to the hospital where he was declared dead. However, the general
diary entry recorded that Ammar was brought to the hospital in an
injured condition and died later, and that he had been brought there
by a rickshaw puller named Farid Ahmad. These contradictions
raised doubts about the reliability of the complainant’s account. The
Court also considered the physical circumstances of the incident.
The complainant claimed that he was seated behind the deceased
on a scooter when the assailants fired multiple shots. The post-
592 [2026] 3 S.C.R.

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mortem report showed that the deceased sustained five gunshot
injuries. Despite being in such close proximity during the attack, the
complainant did not suffer any injury, even though he admitted that
the accused persons had prior enmity with him. The Court regarded
this circumstance as suspicious. The Court also found the alleged
motive to be weak. The prosecution claimed that Ammar was targeted
because he had been pleading strongly in another murder case
involving the accused persons. However, the complainant admitted
that Ammar was not a witness of fact in that case and had only
been a witness for the seizure of blood-stained soil. The deceased
had never testified against the accused persons. In fact, it was the
complainant who had deposed against them.
In light of these factors, the Court held that the evidence of the
complainant was inconsistent with the FIR and the documentary
record, and that the statements of PW-6 and PW-7 were mutually
contradictory and unreliable. The Court, therefore, concluded that
the evidence did not reach the standard required for summoning
additional accused under Section 319 CrPC and that no sufficient
ground existed to summon Rajendra and Mausam to face trial.
6. We have heard the learned counsel for the parties and perused the
case record. The central question is the propriety of the exercise
of power by the Trial Court under Section 319 Cr.PC and the
justifiability of the imprimatur granted thereto by the Court below.
Before proceeding to the merits of the matter, it is important to
understand the scales on which the question of propriety will
be adjudged. Courts generally assess evidence at three distinct
levels, depending on the stage of proceedings and the nature of
the relief prayed for. The lowest threshold, or prima facie standard,
requires only a connection to proceed with formal charges. The
middle threshold, which is often described as strong and cogent,
applies when Courts consider summoning additional accused under
Section 319 CrPC; the evidence must be reliable and reasonably
persuasive, but proof beyond reasonable doubt is not required. The
highest threshold demands proof beyond reasonable doubt, the
standard necessary for conviction, where the Court must be fully
satisfied of the guilt of the accused. It is best illustrated through a
hypothetical situation-
[2026] 3 S.C.R. 593

Mohammad Kaleem v. State of Uttar Pradesh & Ors.

At night, a high-end jewelry store is robbed. Police investigation
seizes CCTV footage showing a masked person fleeing on a
motorcycle, statements from two eyewitnesses, and phone records
linking certain suspects to the vicinity of the store at the time of
the incident.
At the first stage, the investigating officer submits a charge-sheet
against Person ‘A’. The Magistrate reviews the evidence, including
the CCTV footage, witness statements, and other investigative
material. Based on this, the Magistrate finds that there is sufficient
ground to believe that ‘A’ may have committed the offence and
frames charges. This stage requires evidence indicating involvement
beyond mere suspicion, but it does not demand full proof or trial-
level examination thereof.
During the trial of ‘A’, evidence emerges suggesting that Persons
‘B’ and ‘C’ may also have been involved in planning or executing
the robbery. A witness reports seeing ‘B’ near the scene discussing
the plan with ‘A’, while phone records and CCTV footage show
interactions between ‘A’, ‘B’, and ‘C’. The Court would examine
whether this evidence is strong and cogent enough to summon ‘B’ and
‘C’ as additional accused under Section 319. Minor contradictions in
witness accounts or timing are noted, but they do not automatically
negate the overall reliability of the evidence. At this stage, the
court is not determining guilt, only assessing whether a reasonable
inference of involvement exists.
As the trial continues, forensic evidence reveals fingerprints of ‘B’
on the display case and DNA of ‘C’ on a glove left at the scene.
Eyewitnesses place ‘B’ and ‘C’ at the time of the robbery, and phone
messages show coordination among all the three. Cross-examination
fails to provide credible alibis. Cumulative assessment of the evidence
leaves no reasonable doubt regarding the participation of ‘A’, ‘B’, and
‘C’, and the Court can convict all three. This represents the highest
threshold, where minor inconsistencies are immaterial because the
totality of the evidence conclusively establishes guilt.
7. The standard of judicial review having been appreciated as above,
we turn back to the instant facts. The discussion made by the Trial
Court is reproduced below, since the emphasis is on contradictions,
594 [2026] 3 S.C.R.

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apparently minor or even major, it is imperative, at the cost of brevity,
to appreciate the consideration given thereto:
“It is also pertinent to mention here that application
in question was presented on the basis of sufficiency
of evidence as to plotting of conspiracy by proposed
accused persons namely Rajendra and Mausam on the
behest of accused persons already detained in the Jail
namely Gulshanawwar, Jamshedvand Naushad on the
basis of statements of PW- 6Khalil and PW- 7 Tazim
recorded before the Court. In this case, this statement
made by complainant Mohammad Kalim (PW- 1) before
the Court during his examination-in-chief is important
that, “15 days before this incident, Tazim and Khalil of my
Village have told me that they have heard Rajendra and
Mausam discussing with Dilshad, Mumtaz and Aabid that
when they have gone to meet Gulshanawwar, Naushad,
Jamshed in the Jail at that time they have sent the name
back saying that Mohammad Ammar is pleading much in
the case, so remove him from theway and they have also
said that while taking our names tell them to do this act
and they have also said that this act is to be committed
only at Muzaffar Nagar since they will not find witnesses
over there”.
In this way, as per the statement of PW- 1, above both
witnesses PW- 6 and PW- 7 have stated about accused
persons namely Dilshad, Mumtaz as named in F.I.R
of Ex. A-1 making with 3: accused persons namely
Gulshanawwar, Naushad and said in the Jail, who have
given them message of committing murder of deceased
Ammar and having discussion in this regard. It is evident
that from among all 3 accused persons named in the
F.I.R of Ex. A-1 namely Dilshad, Mumtaz and Aabid, the
Police has only found accused Dilshad to be involved in
this incident, whereas, no evidence was found against
other 2 accused persons. In this situation, it is expedient
to analyze the statements made by complainant (PW- 1)
and PW- 6 and PW- 7 on aforesaid relevant point. In this
[2026] 3 S.C.R. 595

Mohammad Kaleem v. State of Uttar Pradesh & Ors.

regard, on the one hand complainant (PW- 1) has stated
about above two proposed persons meeting above 3
accused persons in the Jail, whereas, PW- 6 Khalil Ahmad
has stated in his examination -in -chief that Mausam and
Rajendra were telling Mumtaz, Aabid, Dilshad that when
we have gone to meet Gulshanawwar and Naushad in
the Jail at that time they have said that they have had
discussion with Jamshed that Ammar is pleading a lot. Go
and tell Dilshad, Mumtaz and Aabid that Ammar Pradhan
is to be killed at Muzaffar Nagar and not in Village Sikri,
so that they may not find any evidence in Muzaffar Nagar.
On aforesaid point, witness PW- 7 Tazim has stated in
his examination-in-chief that Rajendra and Mausam have
told that today we have gone to meet Gulshanawwar in
the Jail. Gulshanawwar told us that Ammar Pradhan is
pleading a lot in this case, he needs to be removed from
the way and he has had discussion in this regard with
Jamshed, Dilshad, Naushad and it was also decided
that he was not to be killed in the Village, rather, in the
town. In addition, above both witnesses PW- 6 and PW- 7
have also stated that after hearing aforesaid discussion
they have come and narrated it over to their uncle Kalim
on the same day. On the point of reaching at the so-
called place of meeting, PW- 7 has stated that murder
of Ammar Pradhan was committed on22/8/2017. Nearly
15 days before this incident he has gone to know the
wellbeing of mother-in-law of his uncle Bhura @ Khalid.
She has sustained fractures in her hip bone. They were
sitting over there and while he was sitting even Khalil has
come. They have departed for their houses from there at
around 7-7:15 p.m. Meeting place of Gulshanawwar was
situated on the way and when they reached near to the
meeting place at that time they have heard the name of
Ammar Pradhan, on which they have stood over there
near the jungle and at that time they have heard the fact
as to discussion (conspiracy).Similarly, PW- 6 has also
stated that murder of deceased Ammar was committed
on 22/8/17. 15 days before aforesaid incident he has
596 [2026] 3 S.C.R.

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gone to the house of his relative. The daughter of his
sister-in law was married with Dilshad. Mother of Dilshad
has sustained fractures. He has gone over there to know
the well being of her. He has reached at the house of
Dilshad at around 6-X: 30 a.m., where he has met with
Tajim and he has stayed over there for around one hour
and he also has had tea etc. Thereafter, Tazim and he
have departed from there. In this way, it is evident from
the statements of above 3 witnesses that on the one
hand complainant PW- 1 states about meeting between
the proposed persons and 3 accused persons detained
in the Jail persons meeting only with 2 accused persons
detained in the Jail namely Gulshanawwar and Naushad,
who have stated to have had discussion with Jamshed,
whereas, PW- 7 states about meeting only with one
accused detained in the Jail named Gulshanawwar, who
has given message to aforesaid both proposed persons.
In addition, he also said that he has had discussion with
all namely Jamshed, Dilshad and Naushad. It is pertinent
to mention here that no exact date and time of so-called
meeting by the proposed both persons with the persons
detained in Jail is mentioned, rather, only this much was
stated that aforesaid given to place nearly 15 days before
the incident, whereas, entry and exit regarding any person
in the Jail is maintained in the register, in respect of
which, aforesaid witnesses are silent. Itis evident that all
3 accused persons namely Gulshanawwar, Naushad and
Jamshed concerning criminal conspiracy were detained
in the Jail at the time of incident. Investigating Officer has
arraigned while they were detained in the Jail and has
recorded statements of above 3 accused persons U /s. 161
of Cr.P.C. with the prior permission of the Court and then
only charges were invoked against them. In this regard, it
would be appropriate to perused the evidences gathered
by the investigating Officer, in respect of which, CD number
17 of the case diary is important, which was prepared by
the investigating Officer on 18 / 9 / 2017, which bears
seeking aforesaid permission of the Court for recording
[2026] 3 S.C.R. 597

Mohammad Kaleem v. State of Uttar Pradesh & Ors.

statement is mentioned and it is also evident here that
after receiving permission from the Court, the investigating
Officer has has paid visit to District Jail, Muzaffar Nagar to
record the statements of accused persons namely Dilshad,
Gulshanawwar and Naushad under judicial custody
detained in the Jail and while sitting in the Office of Dy.
Jailer, he has separately recorded statements of above
accused persons. According to aforesaid statements, this
fact has appeared 1n the statement of accused a mutual
quarrel has broken out between the prisoners inside the
Jail. In view of aforesaid quarrel, accused Jamshed was
firstly sent to Saharanpur Jail and thereafter he was sent
to Mirzapur Jail, that is, on the date of his statement, that
is, on 18/ 9 / 20 17,accused Jamshed not being detained
in local Jail was rather detained in Mirzapur Jail, and in this
regard, Investigating Officer has referred to the fact in CD
that accused persons were firstly sent to Saharanpur Jail
and then to Mirzapur Jail nearly 1 year before statement
was recorded, whereas, it has been alleged that meeting
took place in the jail nearly 15 days before the incident
took place on 22.8.2017, of which no exact date or time
is mentioned and even the statement of complainant and
other two witnesses on aforesaid point of meeting is not
alike. PW -6 and PW- 7, both of them in their statements
have stated about the meeting place of Gulshanawwar
lying on the way while they were returning back to their
houses, from where they were passing by naturally, but
witness Gulshanawwar is slightly away from “Rajwahe”.
Their ancestral houses are situated in between Rajwahe
and the place of meeting and after Rajwaha there is no
settlement, i.e. when no settlement is present on that
side then it is not natural for above both witnesses to
go from that side. Besides this, it is pertinent to mention
here that according to PW-6 and PW-7, after above both
witnesses (PW- and PW-7) have received the message
in the jail from accused persons namely Gulshanawwar,
Naushad and Jamshed, first of all, they were expected
to inform the deceased, but they have told this fact only
598 [2026] 3 S.C.R.

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to the complainant Kalim, who is having enmity with the
accused persons, whereas, PW-6 hailed from Seikh
Community and brother of deceased named Haji Hafiz
used to stay in Village Ummed, Sikri, but he has not
informed him about it.
It is pertinent to mention here that complainant has
claimed himself to be an eye-witness, on which basis he
has named accused persons in the F.I.R, but evidences
gathered during the course of investigation. In this
situation, even the evidence of complainant (PW-1) is
subject to scrutiny. In the\F .I. R of Ex. P-1, complainant
has stated about the deceased riding scooter and he
himself was sitting as pillion and before reaching at the
place of incident, three known and one unknown persons
came over there by two motorcycles, who have fired shots
at scooter rider Ammar. Thereafter, injured Ammar was
taken by the complainant and one more witness Iqbal
to the District Hospital, where he was declared dead,
but while appearing before the Court as PW- 1, he has
admitted that, “it is true that besides the accused persons
named in the F.I.R, I have not mentioned the names of
3 persons coming by another motorcycle to the place of
incident in my written report. It is true that for the 1st time
I have stated before the Court about 3 unknown persons
coming by 1 more motorcycle to the place of incident. I
have not told aforesaid fact over to the SHO in my Police
statement. persons had enmity with him and there were
for accused persons who have fired shots at the place
of incident and there were a total of 7 accused persons
present at the place of incident. He has got recorded the
names of a total of 4 accused persons in the report. He
has not got mentioned the fact as to a total of 7 accused
persons in the report. Above witness PW- 1 has further
stated that at the time of murder of Ammar the accused
persons namely Jamshed, Gulshanawwar and Naushad
were detained in Jail. All 3 of them were detained in
Jail in connection with murder case of Tasleem. In his
report, he has not got this fact mentioned that, “15 days
[2026] 3 S.C.R. 599

Mohammad Kaleem v. State of Uttar Pradesh & Ors.

before this incident, Tazim and Khalil have told me that
they have heard Rajendra, Mausam discussing with
Dilshad, Mumtaz, Aabid that both of them have gone to
meet Gulshanawwar, Naushad, Jamshed in the Jail, who
have sent them while saying that Mohammad Ammar
is pleading a lot in the cases, so remove him from the
way and they have also said Nagar since he would not
find witnesses over there”.PW- 1 has admitted this fact
that accused Jamshed was in Mirzapur Jail on the date
of incident and he does not know that for how long Jam
shed has been in the Jail before this incident.
Complainant has clearly mentioned in the F.I.R that
they have brought Ammar by rickshaw to the Hospital,
where the doctors have declared him as dead, that is,
in the aforesaid report, complainant has mentioned that
deceased was declared as dead as soon as they have
reached Hospital, whereas, as PW- 1, though, he has
denied from this fact that a rickshaw puller named Farid
has taken the Ammar in dead condition to the Hospital
and rickshaw puller has admitted him in dead condition in
District Iqbal has not met with the Doctor in his presence
and treatment of Ammar continued for around 30-45
minutes. This fact is mentioned in G D number 37dated
22/08/2017 of P.S. Kotwali Nagar, Muzaffar Nagar
available on record that ward boy Akash having appeared
at Police Station from District Hospital Muzaffar Nagar
has filed a memo that Mohammad Ammar was brought
to the emergency ward in injured condition at 10:20 a.m.
At 11:25 AM, he has died. Through Farid Ahmad son
of Rashid Ahmad Laddawala Muzaffar Nagar, Mobile
Phone No. 8869090310. In this way, on the point of time
of death of deceased, there are clear and substantial
Hospital, but he has definitely stated that Iqbal and he
having lifted up Ammar have taken him to the doctors,
but he did not meet with the Doctor, nor has Iqbal has
not met with the Doctor in his presence and treatment of
Ammar continued for around 30-45 minutes. This fact is
mentioned in G D number 37 dated 22/08/2017 of P.S.
600 [2026] 3 S.C.R.

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Kotwali Nagar, Muzaffar Nagar available on record that
ward boy Akash having appeared at Police Station from
District Hospital Muzaffar Nagar has filed a memo that
Mohammad Ammar was brought to the emergency ward in
injured condition at 10:20 a.m. At 11:25 AM, he has died.
Through Farid Ahmad son of Rashid Ahmad Laddawala
Muzaffar Nagar, Mobile Phone No. 8869090310. In this
way, on the point of time of death of deceased, there
are clear and substantial contradictions in the statement
of complainant and facts mentioned in the report. It is
evident from the statement of complainant (PW- 1) that
he has admitted his enmity with the accused persons of
this case. Above witness PW- 1 has clearly stated that
Jamshed, Gulshanawwar and Naushad, all 3 of them
were detained in Jail in connection with murder case of
Tasleem and even in the aforesaid case shot was fired at
him with an intention to kill him, but he has escaped by
whisker and in this case he is eyewitness and accused
persons having come from behind have prevented his
way by motorcycle and suddenly fired at him with an
intention to kill him. He has not sustained any firearm
injury in the aforesaid incident, nor has she sustained
any other injury, rather, he has escaped by whisker. He
is eyewitness to the incident of half murder case (Section
307 of IPC) that has happened with his brother Bhura and
he is also the informant. Shots were fired at him in the
incident that has happened with Bhura with an intention to
kill him, but he has escaped by whiskers and he has not
sustained any injury. In all aforesaid 3 incidents, neither
has he sustained any injury from truncheons-mistakes,
nor has he sustained any firearm injury. It is expedient
to mention here that complainant has stated to be riding
as they pillion behind the deceased on the during the
course of his statement that assailants have overtaken
his scooter from among whom 4 of the assailants have
started firing, in which incident it was the deceased who
has sustained all the gunshot injury and complainant
was riding as a pillion has not sustained any kind of
[2026] 3 S.C.R. 601

Mohammad Kaleem v. State of Uttar Pradesh & Ors.

injury, whereas, in the post-mortem report of deceased,
3 gunshot injuries were shown on the back, whereas, two
gunshot injuries were shown in the front, which is clearly
in contradiction to the facts mentioned in the aforesaid
written report of complainant and his statement recorded
on oath. In his F.I.R, the complainant has stated about
4 assailants coming to the place of incident by 2 Nos.
of motorcycles, whereas, in his statements, he has also
stated the presence of 3 other persons coming by one
motorcycle and while aforesaid 4 assailants were firing
shots and complainant has also stated Besides this,
presence of another witness PW- 2 Iqbal was also stated
and he was also stated to be an eyewitness, who along
with the complainant has allegedly taken the deceased to
Hospital, whereas, no such kind of documentary evidences
available on record. Complainant has stated about above
witness Iqbal to have reached at the site by motorcycle
alongwith him, reason whereof as per the complainant
is that complainant did not know how to ride motorcycle,
for this reason he has brought him along and on this
point, on page number 21 of his evidence, he has stated
that he does not remember that whether he has got this
fact mentioned in his report that Iqbal Sf o. Sagir Hasan
was following him on motorcycle from behind or not. On
seeing the report, this witness has stated that this fact
is not mentioned in the report. It is pertinent to mention
here that complainant has stated that the main objective
of accused persons, who have been detained in Jail, was
the deceased pleading in the case in which PW- 1 has
also admitted in his evidence that in the aforesaid murder
case of Tasleem, deceased Ammar was the witness for
seizure of blood stained soil from the place of incident
and in an incident that has happened earlier in which his
brother Bhura has sustained firearm injury, Ammar was not
a witness and deceased Ammar was also not a witness in
the abduction case of his brother Tazim. In addition, he has
further stated that deceased Ammar has never deposed
against accused persons, rather, he has deposed. He does
602 [2026] 3 S.C.R.

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not know that whether Ammar has presented affidavit while
pleading against accused persons or not. It is evident from
aforesaid the statement of PW- 1 that deceased Ammar
was not a witness of fact in the murder case of Tasleem
in which accused persons were detained in Jail, rather,
he was just a witness for seizure of blood stained soil
and deceased has never deposed against them, rather, it
was the complainant who has deposed. It is the plaintiff
who has admitted his enmity with the aforesaid 3 cases
of attack, he has escaped by whisker and he has been
eyewitnesses as well as informant in aforesaid entire
cases. Even in the instant case, he has stated about riding
on pillion behind deceased at the time of incident and 4
Nos. of assailants firing shots at the deceased, as a result
of which 3 gunshot injuries were sustained on the back
and 2 Nos. of gunshot injuries were sustained in front,
but despite of it, complainant has not sustained any kind
of injury, whereas, accused persons had enmity with the
complainant. Under these circumstances, statement of
complainant itself lies within the periphery of reasonable
suspicion. In this way, evidence of complainant is in clear
contradiction on substantial points from his F.I.R and
evidences of PW- 6 and PW- 7 are mutually contradictory
and are in contradiction with the evidences of the plaintiff
on substantial points.”
8. The Trial Court’s reasoning in rejecting the Section 319 application,
prima facie appears to be largely aligned with the principles laid
down by this Court, such as the requirement that evidence must be
strong and cogent rather than mere suspicion. Both Hardeep Singh
v. State of Punjab7 and Neeraj Kumar v. State of UP8 emphasize
that the power under Section 319 CrPC is extraordinary and should
be exercised sparingly. The Court must assess whether the evidence
on record, if unrebutted, reasonably indicates the involvement of
the proposed accused.

7 (2014) 3 SCC 92
8 2025 SCC OnLine SC 2639
[2026] 3 S.C.R. 603

Mohammad Kaleem v. State of Uttar Pradesh & Ors.

9. At the same time, the Court has highlighted certain limits to the
Trial Court’s discretion at Section 319 CrPC. stage. Hardeep
Singh(supra) clarified that the Court need not establish guilt or
conduct a detailed credibility assessment at this stage, while Neeraj
Kumar (supra) held that pre-trial scrutiny should not resemble a
mini trial. The Trial Court, in this regard appears to have misdirected
itself. In evaluating minor contradictions between witness statements
and plausibility issues such as whether the complainant could have
avoided injury, effectively applied a stricter standard than necessary.
10. Another instance is that higher than necessary standard being
applied is reflected where the Court relied on the absence of jail
records or highlighted minor discrepancies in hospital admission
or FIR details. While these points raise valid questions about
reliability, they are not points that can be gone into threadbare at
this stage. Further, we find the Trial Court to have erred in taking a
fragmented approach while appreciating evidence. The Trial Court
treated each inconsistency in isolation rather than assessing the
cumulative weight of all testimonies and circumstances. Similarly,
reliance on documentary corroboration is not required; oral evidence
alone, if credible, may suffice. The Court’s emphasis on the lack
of jail records and the physical plausibility of witness accounts
could be seen as exceeding the threshold scrutiny expected at
this stage. The Court overstepped the intended scope of pre-trial
scrutiny, overemphasized minor inconsistencies, and did not fully
consider the cumulative force of the evidence. The law consistently
balances caution against undue summoning with the need to ensure
that potentially implicated individuals are brought to trial when the
record, taken as a whole, reasonably supports it.
11. Apart from the point of standard of review, it is also noticed that
the proposed additional accused, namely Mumtaz and Aabid, have
been named as persons involved in the case by way of a larger
conspiracy or otherwise, by PW-1, as noticed by the trial court
itself and also PWs 6 & 7. It is a separate matter that, as found by
the Trial Court, there are inconsistencies in the overall testimonies
of these witnesses but, that is a matter of trial and not within the
Court’s scope at the time of considering an application under section
319 CrPC. The testimony, on oath, by 3 witnesses, including the
604 [2026] 3 S.C.R.

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complainant no less, in our view, is sufficient in the facts of this case
to meet the strong and cogent evidence standard.
12. In view of the above discussion, the judgments of the Courts below
with particulars as described in paragraph 1, stand set aside. The
persons who sought to be produced as additional accused are
ordered to be produced as such, and proceeded with, in accordance
with law. These appeals are accordingly allowed. Let a copy of this
order be sent to the Trial Court for necessary action, through the
Registrar General, High Court of Judicature at Allahabad.
Pending applications, if any, shall stand closed.

Result of the case: Appeals allowed.

†
Headnotes prepared by: Divya Pandey