IN THE HIGH COURT OF JUDICATURE AT PATNA
| Table of Content |
|---|
| 1. background of criminal complaint and proceedings (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding evidence and implication (Para 7 , 8 , 9 , 10 , 11) |
| 3. court's examination of evidence and legal standards (Para 12 , 13 , 14 , 15) |
| 4. final ruling and order on the petition (Para 16) |
JUDGMENT :
Jitendra Kumar, J.
Introduction
The present Criminal Revision petition has been preferred against the impugned order dated 17.10.2019, passed by learned A.C.J.M.-I, Bikramganj, Rohtas in Complaint Case No. 540 of 2014, corresponding to Trial No. 933 of 2019, whereby learned A.C.J.M-I has summoned the petitioners herein under Section 319 Cr.PC to face the trial along with the accused persons, who are already facing the trial.
The factual background
2. The factual background of this case is that one Criminal Complaint bearing No. 540 of 2014 was filed by one Rita Singh, who is opposite party No.2 herein, against five accused persons, including the petitioners for offence punishable under Sections 498A, 406, 420, 308 and 506 of the Indian Penal Code and Section ¾ of D.P. Act. The accused, as per the complaint, were as follows:
(i) Bajrangbali Singh, who is father-in-law of the complain
Hardeep Singh vs. State of Punjab and Ors
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Rajesh and Ors. Vs. State of Haryana
Manjeet Singh Vs. State of Haryana & Ors.
For summoning under Section 319 Cr.PC, evidence must establish strong and cogent grounds against the accused, exceeding mere probability, which was not met in this case.
The power under Section 319 Cr.P.C. is extraordinary and requires substantial evidence. Generalized accusations without specificity do not meet the threshold for criminal liability under Section 498-....
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