RUKHSANA KHATOON vs SAKHAWAT HUSSAIN . — Crl.A. No. 965/2001

Case Summary: Crl.A. No. 965/2001 — Rukhsana Khatoon v. Sakhawat Hussain Outcome: The Supreme Court allowed the appeal and set aside the High Court's order, ruling that the Sessions Court correctly invoked Section 319 Cr.P.C. to summon additional accused persons (Sakhawat Hussain and three others) named in the FIR but not charge-sheeted by police. The Court held that Section 319 permits courts to add accused during trial when sufficient evidence indicates their involvement in the offense. Case Facts: A murder occurred on 5.5.1998 in Moradabad; the complainant's nephew Afroj was shot and killed. While the FIR named multiple accused, police charge-sheeted only Luvkush. The Sessions Judge allowed an application to summon four additional named accused under Section 319, but the High Court reversed this, incorrectly holding Section 319 cannot be invoked when a named FIR accused wasn't charge-sheeted. Direction: The trial court was directed to proceed with the matter in accordance with law. This case analysis is maintained by casestatus.in based on publicly available court records.