MANOJ KUMAR GARG
Diru @ Diryav Kanwar W/o Sh. Shaktidan – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
ORDER :
Manoj Kumar Garg, J.
1. Instant criminal revision petition has been filed by the petitioners against the order dated 22.02.2023 passed by the learned Additional Sessions Judge (WA Act Cases) Bikaner by which the trial court took cognizance against the petitioner for offence under Sections 498A, 406, 304B/302 IPC.
2. Brief facts of the case are that the complainant respondent no.2 lodged a FIR against the accused persons including the petitioner for demand of dowry and cruelty for offence under Sections 498A, 406, 304B and 302 IPC. The police after investigation submitted chargesheeted only against the husband and other accused persons were not arrayed as an accused. The investigation against the present petition was kept pending under Section 173(8) Cr.P.C. but later on investigation was completed and a closure report was submitted before the trial court.
3. During course of trial, the brother of deceased was examined as PW/1, mother of deceased Geeta Kanwar as PW/2. Thereafter, the complainant filed an application under Section 319 Cr.P.C. for taking cognizance against the present petitioner. The said application was allowed by the trial court vide order dated 22.02.2023 and t
Shiv Prakash Mishra Vs. State of Uttar Pradesh and Ors AIR 2019 SC 3477
The court ruled that the trial court erred in taking cognizance against the petitioner without sufficient evidence, emphasizing the need for strong proof under Section 319 Cr.P.C.
The power under Section 319 Cr.P.C is discretionary and should be exercised sparingly, only when strong and cogent evidence occurs against a person from the evidence led before the court.
The court ruled that strong evidence is required to summon additional accused under Section 319 Cr.P.C., emphasizing the need for consistency in the complainant's statements.
Dowry Death - Power to proceed against other persons appearing to be guilty of offence - It is true that summoning of an accused under Section 319 Cr.P.C. cannot be resorted to in a cavalier or casua....
Section 319 Cr.P.C is an enabling provision empowering Court to take appropriate steps for proceeding against any person(s) not being an accused at any stage during trial i.e., before conclusion of t....
Vague and general allegations without specific evidence against accused fail to sustain prosecution under IPC for dowry-related offenses.
(1) While invoking power under Section 319 Cr.P.C. trial court should consider statements of witnesses adduced before it and it should not place reliance upon material available in charge-sheet or ca....
The court reiterated the application of Section 319 Cr.P.C. must rely on evidence recorded during trial, requiring more than a prima facie case for summoning additional accused.
Power to proceed against other persons appearing to be guilty of offence - When strong and cogent evidence comes against a person before the Court and such power should not be exercised in a casual a....
The court held that the power under Section 319 of the Cr.P.C. must be exercised sparingly and requires strong evidence against the accused, not merely suspicion.
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