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SUBHASH CHAND
Mahendra Yadav – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard the learned counsel for the petitioners and the learned counsel for the opposite party no.2 and also the learned Spl. PP for the State.
2. This criminal revision is against the order dated 15.03.2022 passed by the learned Additional Sessions Judge-VII, Hazaribagh in Misc. Cr. Application No.298 of 2021 whereby the learned court below had allowed the application of the informant under section 319 of Cr.PC directing to issue summons against the petitioners to face the trial with Chouparan P.S. Case No. 214 of 2012 dated 09.10.2012 corresponding to G.R. Case No.4202 of 2012 registered under sections 341, 323, 504, 307, 427 and 143 of IPC.
3. The learned counsel for the petitioners has submitted that though all the petitioners were named in the FIR but the charge-sheet was not filed against them. The Court concerned while taking cognizance on the charge-sheet also took cognizance against those only against whom the IO had already filed the charge-sheet. No cognizance was taken by the court concerned against the petitioners. After commencement of trial, the five witnesses were examined and among them PW2-Chandri Devi was the informant, PW3-Nageshwar Yadav was the husband o
The main legal point established in the judgment is the need for strong and cogent evidence against a person from the evidence led before the court before exercising the power under Section 319 CrPC.
The discretionary and extraordinary nature of the power under Section 319 Cr.P.C., requiring strong and cogent evidence to summon accused persons not named in the charge-sheet.
The main legal point established in the judgment is the discretionary and extraordinary nature of the power under Section 319 Cr.P.C., the need for strong and cogent evidence to exercise this power, ....
The main legal point established in the judgment is the requirement of prima facie evidence to summon an accused for trial under Section 319 Cr.P.C., and the limited scope of criminal revision under ....
The court upheld the trial court's decision to summon additional accused under Section 319 CrPC based on sufficient evidence from the informant, emphasizing the standard of proof required for such su....
The court established that the power to summon additional accused under Section 319 of the CrPC is contingent upon the existence of prima facie evidence presented during the trial, and that the trial....
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