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SANJAY KUMAR DWIVEDI
Kiran Pandey W/o Arun Kumar Pandey – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. A.K. Sahani, learned counsel for the petitioner, Mr. Ashok Kumar, learned counsel for the State and Mr. Yashvardhan, learned counsel for opposite party no. 2.
2. This petition has been filed for quashing the order dated 19.08.2016 passed by the learned Additional Sessions Judge-II, Fast Track Court, Bokaro in Sessions Trial No. 290 of 2014 by which the petition filed by the prosecution under Section 319 of Cr.P.C. has been allowed, which is now pending in the court of the learned Sessions Judge-II, Fast Track Court, Bokaro.
3. On the written report of opposite party no. 2, B.S. City P.S. Case No. 214 of 2014 dated 06.07.2014 was registered under Sections 498A, 307/34 of the Indian Penal Code and subsequently on 16.07.2014 Section 302 of the Indian Penal Code was added.
4. Mr. A.K. Sahani, learned counsel for the petitioner submits that the investigation has been carried out and the charge-sheet has been submitted whereby the petitioner was not sent up for trial. He further submits that further investigation is pending. He also submits that in course of trial, certain witnesses were examined and by the impugned order the learned court has
The discretionary nature of Section 319 Cr.P.C., the requirement of stronger evidence than mere probability of complicity, and the court's active role in eliciting necessary materials and finding the....
The importance of providing reasons and subjective satisfaction in any court order, as it forms the backbone of the order and ensures the principles of natural justice are upheld.
The discretion to invoke the power under Section 319 of CrPC is to be exercised sparingly and only in cases where strong and cogent evidence warrants such action. The individual act of the accused sh....
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.
For invoking power under Section 319 Cr.P.C. inter alia includes the principle that only when strong and cogent evidence occurs against a person from the evidence the power under Section 319 Cr.P.C. ....
The central legal point established in the judgment is the sparing exercise of power under Section 319 of Cr.P.C., emphasizing the need for evidence and the guidelines to be followed by the court whi....
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