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As per case facts, the Petitioner, initially suspected of rape and murder, was given a clean chit by the Crime Branch, and the charge sheet was filed only against a
...co-accused. The Magistrate committed the case to the Sessions Court. The victim's husband filed an application under Section 193 CrPC to summon the Petitioner as an additional accused based on materials in the case diary. The Sessions Court allowed the application, and the High Court affirmed the decision. The Petitioner appealed, arguing the Sessions Court could only summon an additional accused by waiting until the trial and invoking Section 319 CrPC. The question arose whether the Court of Session, on commitment of a case under Section 209 CrPC, has the jurisdiction under Section 193 CrPC to summon a person not named in the charge sheet as an additional accused based on the material in the police report, even before the trial begins. Finally, the Supreme Court dismissed the petition, affirming that the Sessions Court has the power under Section 193 CrPC to summon an additional accused at the committal/pre-trial stage. The Court clarified that cognizance is taken of the "case" and the "offence" (not the offender), and once the case is committed, the Sessions Court assumes original jurisdiction and has the duty to summon anyone whose complicity is apparent from the case record.
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