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NARENDRA KUMAR VYAS
Deenbandhu Singh S/o Late Balbhadra Singh – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 challenging the order dated 16.03.2023 and 28.12.2015 passed by learned 6th Additional Sessions Judge, Durg (C.G.) in Criminal Revision No. 41/2023 (Rajkumar Tiwari @ Raja vs. State of Chhattisgarh) by which the revision petition filed by respondent No. 2 has been allowed and the Revisional Court has quashed the order dated 18.01.2023 passed by Judicial Magistrate First Class, Bhilai-3 in Criminal Case No. 5/2018 (State vs. Tribhuwan Mishra) by which the learned Magistrate has allowed the application filed by the State/prosecution under Section 319 and impleaded respondent No. 2 as accused in the case.
2. Brief facts reflected from the record are that the petitioner lodged FIR before Police Station Purani Bhilai on 18.12.2017 bearing crime No. 441 of 2017 for the offence under Sections 294, 506, 323, 34 IPC against Tribhuwan Mishra, Pushpa, Pawan Mishra and Raja Tiwari alleging that on the date of incident on 18.12.2017 at about 12.30 o’clock they were constructing ladder on the public drain. The complainant has demanded Rs.27,000/- from the accused person as he has supp
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.
Trial commences upon framing charges; powers under Section 319 Cr.P.C. cannot be exercised before evidence is recorded.
The court held that under Section 319 of the Cr.P.C., prior notice to a proposed accused is not required before summoning, provided there is strong prima facie evidence against them.
The power under Section 319 Cr.P.C. is discretionary and should be exercised sparingly based on strong and cogent evidence, and the test for summoning a person is one which is more than prima facie c....
The court emphasized the discretionary and extraordinary nature of the power under Section 319 Cr.P.C., requiring stronger evidence than a prima facie case against the accused and the need for specif....
The discretionary nature of the power under Section 319 CrPC and the requirement of strong and cogent evidence to summon additional accused during trial.
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