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SUDHANSHU DHULIA, K. VINOD CHANDRAN
Akhilesh – Appellant
Versus
State of Uttar Pradesh – Respondent
ORDER :
1. Leave granted.
2. The appellant before this Court has challenged the order dated 08.07.2024 passed by the High Court of Judicature at Allahabad where criminal revision filed by respondent no.2 (Krishna Pal Singh) and respondent no.3 (Sanju @ Sanjay) was allowed and the Trial Court’s order dated 07.07.2023, summoning the above respondents under Section 319 of Code of Criminal Procedure, 1973 (hereinafter referred to as ‘CrPC’), was set aside.
3. The brief facts of the case are as follows:
(b) The chargesheet was filed under Sections 302, 504 and 506 of IPC against Gajendra and Mahendrapal, while a final report was filed in relation to Respondent nos. 2 and 3.
(c) Based on the depositions of PW-1 and PW-2, who stated that respondent nos.2 and 3 were amongst the assailants, the Trial Court, by its order dated 07.07.2023, exercised its
Summoning of additional accused to face trial – Murder case – A person not named in FIR or a person though named in FIR but has not been charge-sheeted or a person who has been discharged can be summ....
Criminal Procedure requires strong evidence for summoning additional accused; mere witness statements may not suffice, particularly in light of delays in FIR.
Summoning of additional accused to face trial – Degree of satisfaction that is required to exercise power under Section 319 Cr.P.C. is much stricter, considering that it is a discretionary and an ext....
The court established that the invocation of Section 319 Cr.P.C. does not require a prior opportunity for the summoned person to be heard, provided there is sufficient evidence against them during th....
Summoning of additional accused to face trial – Test that has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an e....
Point of Law : Evidence of an injured eye-witness has greater evidential value and unless compelling reasons exist, their statements are not to be discarded lightly. As observed hereinabove while exe....
The trial court must find prima facie evidence to summon accused under Section 319 Cr.P.C., not merely act on possibilities; significant discretion and evidentiary standards apply.
The trial court can summon additional accused under Section 319 Cr.P.C. only if there is more than a mere prima facie case supported by evidence.
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