IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Kalu Singh S/o Shri Ram Singh – Appellant
Versus
State, Through P.p. – Respondent
ORDER :
Farjand Ali, J.
1. No one has appeared on behalf of the petitioners.
2. Heard the learned counsel for the private respondent – Shri Suresh Kumbhat and Shri Sheetal Kumbhat and the learned Public Prosecutor as well as gone through the order under challenge passed by the Court of first instance and the Court of Revision and also gone through the niceties of the matter.
3. Bereft of elaborate details, succinctly stated the facts of the case are that a prosecution was launched at the instance of respondent No.2 for subjecting her to cruelty and maltreatment during her matrimony. Though in the FIR, she levelled allegations of causing injuries and forcibly making her to swallow contaminated/poisonous substances and the role of the petitioners were also mentioned, however, after conducting thorough investigation, due reasons were given by the Agency and only the husband of the respondent No.2 was charge-sheeted for committing offence under Sections 498-A, 323 and 325 of IPC. It is notable that the conclusion of the Investigating Agency was never made to challenge by the complainant party or by the State of Rajasthan. It is also noteworthy that no application under Section 190 of Cr.P.
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.
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....
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....
The power under Section 319, CrPC to proceed against other persons appearing to be guilty of an offence is an extraordinary power and should be used sparingly. It may be exercised only if compelling ....
The higher standard of proof required for summoning a person under Sec. 319 of Cr.P.C. and the consideration of evidence proving the innocence of the accused.
The court upheld that a Trial Court may arraign additional accused when there is sufficient evidence indicating their involvement, as per Section 319 CrPC.
Trial commences upon framing charges; powers under Section 319 Cr.P.C. cannot be exercised before evidence is recorded.
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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