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N. KOTISWAR SINGH, SURYA KANT
Rama Singh – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. context of the case and initial allegations. (Para 3 , 4 , 5 , 6) |
| 2. procedural history of summons application under cr.p.c. (Para 7 , 8) |
| 3. supplementary report findings on absence of evidence. (Para 9 , 10) |
| 4. arguments on maintainability of appeal and distinction of roles. (Para 11 , 12 , 13 , 14) |
| 5. importance of evidence for invoking section 319 of cr.p.c. (Para 15 , 16 , 17 , 18) |
| 6. court's directive on the trial court's responsibilities. (Para 21 , 22 , 23) |
| 7. procedural orders for trial court appearance. (Para 24 , 25) |
ORDER :
1. Leave granted.
2. Heard learned senior counsel for the parties and perused the record.
3. The question that falls for consideration is whether or not the summoning of the appellant under Section 319 of the Code of Criminal Procedure, 1973 (in short, the 'Cr.P.C.') to face trial in the case arising out of Case Crime No.98/2014 under Sections 302 /34 and 307/34 of the INDIAN PENAL CODE , 1860 (in short, the 'IPC'), registered at Police Station Kharela, District Mahoba, is justified in law.
4. As per the allegations contained in the FIR, on 11.03.2014 at about 4.30 p.m., the complainant and his associates, including Bharat Kumar Tiwari, Ram Mi
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....
Summoning of additional accused to face trial – FIR registered under Sections 304B, 498A, 406, 323 and 34 of IPC – Power of summoning under Section 319 Cr.P.C. is not to be exercised routinely – Exis....
The court emphasized that the power under Section 319 CrPC to summon additional accused requires strong evidence and should be exercised judiciously, not casually.
Summoning of additional accused to face trial – If such a summoning order is passed, either after order of acquittal or imposing of sentence in conviction, same may not be sustainable.
(1) Summoning of additional accused to face trial – Power of court to summon an accused based on evidence as contemplated under Section 319 of Cr.P.C. will have to be invoked and exercised before pro....
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....
The power under Section 319 of Cr.P.C. is discretionary and should be exercised before the conclusion of the trial. The Court must find prima facie evidence against the proposed accused and follow th....
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....
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