Supreme Court of India

Brijendra Singh & Ors. v. State of Rajasthan

Neutral citation

Reported as [2017] 3 S.C.R. 374

Bench A.K. Sikri J.

Decided 27 April 2017

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

8 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that though only a prima facie case is to be established from the evidence led before the court, not necessarily tested on the anvil of cross-examination, it reguires much stronger evidence than mere probability of his complicity.

Judgment, page 11

From the headnote

Code of Criminal Procedure, 1973 - s.319 - Power of court (o summon accused not arraigned as accused- Exercise of - When - Held: Prima facie opinion which is to be formed requires stronger and cogent evidence than mere probability of his complicity - Degree of satisfaction is to be more than the degree which is warranted at the time of framing of the charges against others in respect of whom chargesheet was filed - Power is not to be exercised in a casual or -. a cavalier manner - On facts, trial court acted in a casual and cavalier manner in passing the summoning order against the appellants

Authorities it was built on

2014 Hardeep Singh v. State of Punjab & Ors. cited by 46

Where later benches applied it

2019 Shiv Prakash Mishra v. State of Uttar Pradesh and Another relied on
2019 Rajesh & Ors. v. State of Haryana relied on
2023 Yashodhan Singh & Ors. v. The State of Uttar Pradesh & Anr. followed
2025 Shiv Baran v. State of U.P. & Anr. referred to
2025 Yadwinder Singh v. Lakhi Alias Lakhwinder Singh & Anr. Etc. referred to
2021 Manjeet Singh v. State of Haryana & Ors. referred to
2019 Saeeda Khatoon Arshi v. State of Up & Anr referred to
2019 Sugreev Kumar v. State of Punjab & Ors. referred to

Of those, 2 relied on · 1 followed · 5 referred to

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