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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Akbar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
MANOJ KUMAR GARG, J.
Instant revision petition under Section 397/401 Cr.P.C . has been filed by the petitioner-complainant against the order dated 10.12.2021 passed by the learned Additional Sessions Judge, Jaitaran, District Pali, whereby the learned Judge rejected the application under Section 319 Cr.P.C . filed by the petitioner- complainant for taking cognizance against respondent Nos.4 to 7 and arraigned them as accused, along with the accused respondents No.2 & 3.
2. Learned counsel for the petitioner submits that the impugned order passed by the learned trial court is per se illegal, erroneous and against the material available on record. Counsel submits that in the FIR, the names of the accused-respondents No.4 to 7 were mentioned, but the Police after investigation filed challan only against accused respondents No.2 & 3. The petitioner-complainant filed applications under Sections 190 & 193 Cr.P.C . before the trial court for summoning the other accused persons, who were not charge-sheeted by the Police. The said applications were rejected by the trial court. Against the said order, the petitioner filed a misc. petition being SB Cr. Misc. Petition No.3546/2016 before
The court upheld the trial court's discretion in rejecting an application to arraign additional accused due to insufficient evidence, emphasizing respect for trial court findings.
The court ruled that taking cognizance under Section 319 Cr.P.C. is improper when a negative final report exists, especially if the main accused have been convicted.
No doubt, while exercising the power under Section 319 of Cr.P.C., Court has to exercise the said power with due care and caution and not to exercise the said power in a routine course but the materi....
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.
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