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SANJAY KUMAR DWIVEDI
Pawan Panjabi @ Prabhat Kumar Ahuja – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. Suraj Kishore Prasad, learned counsel for the petitioner and Mr. V.S. Sahay, learned counsel for the State.
2. This petition has been filed for quashing of the order dated 22.01.2011 passed in S.C. No.33 of 2010 by the learned Additional District Judge, Fast Track Court, Sahibganj, whereby, the petitioner has been called upon to face the trial under Section 319 Cr.P.C., pending in the court of the learned Additional District Judge, Fast Track Court, Sahibganj.
3. On the application of the informant-opposite party no.2, the case was registered alleging therein that on 16.06.2009 at about 12:00 noon, the accused persons namely Ballu Ansari, Azad Ansari, Sajjad Ansari, Tohid Ansari, Pawan Panjabi, Sonu Paswan and Manoj Paswan have caught younger brother of the informant namely Md. Saiyad Ansari with intention to kill him. In the meantime, the accused Ballu Ansari had fired bullet on the head of Saiyad Ansari in the result of which he died at the spot near the palm tree. On hulla, another younger brother of the informant and Mohalla people reached at the place of occurrence. After seeing them, accused persons fled away from the place of occurrence. It was further alle
The main legal point established in the judgment is the need for circumspection in applying Section 319 Cr.P.C. and the importance of considering the evidence and guidelines for summoning additional ....
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 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 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 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 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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