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SANJAY KUMAR DWIVEDI
Kripa Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Md. Razaullah Ansari, learned counsel for the petitioners, Mr. Vijoy Kumar Sinha, learned counsel for the State and Mr. Anurag Kumar, learned counsel for opposite party no.2.
2. This petition has been filed for quashing the order dated 17.06.2014, whereby, the petitioner has been summoned as additional accused under Section 319 Cr.P.C. for facing trial in connection with Sessions Trial Case No.324 of 2009 arising out of Rehala P.S. Case No.31 of 2008, corresponding to G.R. Case No. 937 of 2008, pending in the court of the learned 1st Additional Sessions Judge, Palamau at Daltonganj.
3. On the Fardbayan of Anand Kumar Dubey (P.W.3), the minor son of the deceased, the FIR was lodged alleging therein that on 04.06.2008 at about 07:30 p.m., he had gone to the hotel premises of his father. His father had gone out to purchase some articles for the hotel. The informant heard the sound of firing of two gun shots. He ran to his shop and saw that his motorcycle and another motorcycle was burning. Girdhar Singh, Kripa Singh, Mrityunjay Singh, Pappu Singh, Tutu Singh and Sheru Singh boarded the father of the informant in Commander Jeep and went towards Garhwa. After sometime,
The discretionary power under Section 319 Cr.P.C. to summon additional accused should be exercised sparingly and only when cogent evidence is available, and the trial court is expected to elicit all ....
The power under Section 319 of Cr.P.C. is discretionary and should be exercised before the conclusion of the trial. The Court must find prima facie evidence against the proposed accused and follow th....
The central legal point established in the judgment is the interpretation and application of Section 319 Cr.P.C., emphasizing the need for evidence to form a prima facie view and the intent to ensure....
The court clarified that under Section 319 Cr.P.C., a prima facie case is sufficient for summoning additional accused, emphasizing that evidence merits are to be assessed during the trial.
The main legal point established in the judgment is that the statement of the petitioner/complainant, when providing sufficient evidence, should be considered for summoning additional accused under S....
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