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JITENDRA KUMAR
Draupadi Kunwar @ Draupati Kunwar – Appellant
Versus
State of Bihar – Respondent
Jitendra Kumar, J.—The present Criminal Revision petition has been preferred by the petitioners against the impugned order dated 18.01.2020, passed by learned Trial Court F.T.C-I, Siwan in Sessions Trial No. 122 of 2012, whereby the petitioners have been summoned under Section 319 Cr.PC for facing the trial.
2. The prosecution case as emerging from the written report dated 04.04.2009 given by the informant to the Officer Incharge of G.B. Nagar, Police Station, Siwan, is that the accused Keshav Mishra, Devendra Mishra, Drauptai Kunwar and Anup Mishra set fire to the hut like house of the informant where he was shifting his household items after demolishing his old house. The house got burnt. At the time of burning of the house, his brother and son were present. Four new cycles, big boxes, hundred sacks of grains, paddy and wheat, sewing machine, pumping sets, thrasher and other items worth Rs.4-5 lacs got destroyed. The accused persons fled away after setting fire to his house.
3. On the basis of the written report, Barhariya P.S. Case No. 44 of 2009 was lodged on 05.04.2009 against four accused persons, namely, Keshav Mishra, Devendra Mishra, Drauptai Kunwar and Anup Mishra for offen
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. ....
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 ....
(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....
Court under revisional jurisdiction cannot substitute its own views particularly when there was ample evidence available on record before the court below in exercising the jurisdiction as conferred u....
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 court held that the power under Section 319 Cr.P.C. must be exercised with strong evidence and cannot be invoked after the trial of co-accused has concluded.
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.
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