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FARJAND ALI
Kulveer Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
By way of filing the instant Criminal Misc. Petition under Section 482 Cr.P.C., a challenge is made to the order dated 12.07.2019 passed by the learned Additional Sessions Judge No.1, Sri. Ganganagar in Sessions Case No.29/2017 whereby the application filed under Section 319 Cr.P.C. was partly allowed.
2. None present for the petitioner. Heard learned Public Prosecutor for the State and learned counsel for the respondents. Perused the order under challenge and the other material as made available to the Court.
3. It is reflecting from the material that names of several accused persons were mentioned in the FIR and after investigation, charge sheet came to be filed only against the accused Prem Kumar, Meghraj, Labh Singh, Lakhvindra Singh, Pradeep singh @ Deepa Singh, Bhupendra Singh @ Pinder Singh and Kana Ram S/o Gopi Ram. The learned trial Court took cognizance of the offence and where after framed charges for the offence under Sections 307, 364, 326, 323, 341, 147, 148, 149 & 120B of the IPC. During trial, three witnesses P.W. 1 Kulveer Singh, P.W. 2 Nakshtra Singh and P.W. 3 Parvinder Singh @ Nikka got examined. At this juncture, an application under Section
The court affirmed that under Section 319 Cr.P.C., additional accused can be impleaded if sufficient evidence shows their involvement in the crime, emphasizing the distinct parameters for 'cognizance....
The court emphasized that mere allegations are insufficient to compel individuals to face trial; sufficient evidence is required for arraignment under Section 319 of Cr.P.C.
It is a settled principle of law that power under Section 319 of Cr.P.C. has to be exercised very sparingly, because it is an extraordinary power given to court and cannot be exercised in a routine m....
Summoning of additional accused to face trial – Power Under Section 319 of Cr.P.C. is a discretionary and extraordinary power which should be exercised sparingly and only in those cases where circums....
The main legal point established in the judgment is the interpretation and application of Section 319 of the Cr.P.C, which allows the court to proceed against a person not initially accused if eviden....
The court upheld that a Trial Court may arraign additional accused when there is sufficient evidence indicating their involvement, as per Section 319 CrPC.
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