SANJAY KAROL, JOYMALYA BAGCHI
Shiv Baran – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
SANJAY KAROL, J.
Leave Granted.
2. The instant appeal preferred by the appellant- complainant, arises out of judgment and order dated 23rd July 2024 passed by the High Court of Judicature at Allahabad in Criminal Revision No.5517 of 2023, quashing the summons issued against Rajendra Prasad Yadav, Respondent No.2 herein, under Section 319 of the Code of Criminal Procedure, 19731[Hereinafter ‘CrPC] vide order dated 28th September 2023 passed by the Additional Sessions Judge, Kaushambi2[Hereinafter “Trial Court”] in Sessions Trial No.109 of 2018, arising out of Case Crime No.303 of 2017.
3. Brief facts giving rise to the present appeal are :
Hardeep Singh v. State of Punjab
Labhuji Amratji Thakor v. State of Gujarat
Ramesh Chandra Srivastava v. State of U.P.
Summoning of additional accused to face trial – Court should not conduct a mini-trial at this stage as expression used is 'such person could be tried’ and not ‘should be tried’.
The court emphasized that the power under Section 319 CrPC to summon additional accused requires strong evidence and should be exercised judiciously, not casually.
Court can exercise power under Section 319 Cr.P.C. even on the basis of statement made in examination-in-chief of witness concerned and Court need not wait till cross-examination of such a witness an....
Court in exercise of the revisional jurisdiction cannot embark upon the inquiry with regard to facts of the case, particularly when the courts below had applied its mind and taken a view, which does ....
The court upheld the trial court's decision to summon additional accused under Section 319 CrPC based on sufficient evidence from the informant, emphasizing the standard of proof required for such su....
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....
For invoking power under Section 319 Cr.P.C. inter alia includes the principle that only when strong and cogent evidence occurs against a person from the evidence the power under Section 319 Cr.P.C. ....
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