Back
J. B. PARDIWALA, R. MAHADEVAN
Omi @ Omkar Rathore – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
1. This petition arises from the judgment and order passed by the High Court of Madhya Pradesh at Gwalior dated 23-10-2024 in Criminal Revision No.3172/2022, by which the High Court rejected the revision application filed by the petitioners – herein and thereby affirmed the order passed by the 4th Additional Sessions Judge, Gwalior in Sessions Trial No.233/2018 summoning the petitioners – herein to face the trial for the offence of murder in exercise of powers under Section 319 of the Code of Criminal Procedure, 1973.
2. The First Information Report bearing Crime No.96/18 came to be registered with the Padav Police Station, District Gwalior for the offence punishable under Sections 302, 307, 147, 148 and 149 of the Indian Penal Code (for, short the “IPC”).
3. The FIR came to be registered in all against seven individuals. The FIR includes the name of the two petitioners – herein.
4. At the end of the investigation, the Investigating Officer filed a closure report so far as the two petitioners – herein are concerned. Against the other accused persons, the charge-sheet was filed for the offences enumerated above.
5. The Trial Court started recording oral evidence. The original fir
(1) Summoning of additional accused to face trial – Only when strong and cogent evidence occurs against a person from evidence power under Section 319 Cr.P.C. should be exercised – Test to be applied....
Power to proceed against other persons appearing to be guilty of offence - When strong and cogent evidence comes against a person before the Court and such power should not be exercised in a casual a....
The main legal point established in the judgment is the discretionary and extraordinary nature of the power under Section 319 Cr.P.C., the need for strong and cogent evidence to exercise this power, ....
The court clarified that under Section 319 Cr.P.C., a prima facie case is sufficient for summoning additional accused, emphasizing that evidence merits are to be assessed during the trial.
The discretionary and extraordinary nature of the power under Section 319 Cr.P.C., requiring strong and cogent evidence to summon accused persons not named in the charge-sheet.
(1) Powers under Section 319 Cr.P.C. can be exercised at any stage before final conclusion of trial.(2) On the basis of examination-in-chief of a witness if a case is made out, a person can be summon....
The power under Section 319 Cr.P.C is discretionary and should be exercised sparingly, only when strong and cogent evidence occurs against a person from the evidence led before the court.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
