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IN THE HIGH COURT OF JUDICATURE AT PATNA
Dr. ANSHUMAN, J.
Criminal Revision No.943 of 2019
(7.4.2023)
Rafat Jahan @ Sultana ... Petitioner
vs.
State of Bihar & Ors. ... Respondents
Criminal Procedure Code, 1973 – Section 319 – Summoning of additional accused to face trial – Section 319 of Cr.P.C. has been made for separate provision – Consistently same material against those persons are available in F.I.R. in case diary prior to cognizance and prior to charge framing but at no level any objection was raised but subsequently directly at stage of Section 319 of Cr.P.C. no new material, rather on same material which was already available raising objection by petitioner may not be entertained – Trial Court has passed a completely reasoned order on this matter – There is no illegality in the order and no need of any correctness and question of propriety has not been raised – Criminal revision application dismissed. (Paras 4, 5 and 6)
Dr. Anshuman, J.—Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner has filed the present criminal revision against the order dated 08.05.2019 passed by 2nd Additional Sessions Judge, Nalanda at Bihar Sharif in Sessions Trial No. 223 of 2017 arising out of Bihar P.S. Case No. 474 of 2015 by which the petition filed under Section 319 of Cr.P.C. has been rejected vide order dated 29.03.2019 in which the request to summon the opposite party no.2 to 4 to face the trial.
3. Counsel for the petitioner submits that there was material available in the evidence of P.W. 1 and P.W.2 to proceed against O.P. No.2 to 4.
4. Counsel for the State submits that Section 319 of Cr.P.C. has been made for separate provision. He has categorically stated that consistently the same material against those persons are available in F.I.R. in case diary prior to cognizance and prior to charge framing but at no level any objection was raised but subsequently directly at stage of section 319 of Cr.P.C. no new material, rather on the same material which was already available raising objection by the petitioner may not be entertained. Counsel for the State further submits that the trial court has passed a completely reasoned order on this matter.
5. Upon hearing the parties and going through the pleadings and the findings of the 2nd Additional Sessions Judge, Nalanda at Bihar Sharif in Sessions Trial No. 223 of 2017 arising out of Bihar P.S. Case No. 474 of 2015, this Court finds that there is no illegality in the order and no need of any correctness and the question of propriety has not been raised.
6. In this view of the matter, the present Criminal Revision application has been dismissed.
Point of law: Suicide - Summoning of the revisionist - Neither the chief-examination nor the cross-examination of the witness was recorded by the learned trial court, so only on the basis of query by....
The discretionary nature of the power under Section 319 of the Code of Criminal Procedure, 1973, and the requirement for strong and cogent evidence before exercising it.
Electronic evidence inadmissible under Section 319 CrPC without Section 65B certificate; summoning based solely on trial-recorded admissible evidence showing prima facie conviction case if unrebutted....
Trial commences upon framing charges; powers under Section 319 Cr.P.C. cannot be exercised before evidence is recorded.
Accused filthy language and threatened to complainant - Power to summon material witness or examine - It is well settled by Hon’ble Supreme Court that lacuna cannot be fulfilled in garb of power conf....
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.
The main legal point established in the judgment is the requirement for strong and cogent evidence to exercise the power under Section 319 CrPC.
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