JASJIT SINGH BEDI
Prabhjot Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Jasjit Singh Bedi, J. (Oral) - The prayer in the present petition under Section 482 Cr.P.C. is for quashing of the orders dated 11.04.2018 (Annexure P-1) passed by the learned Judicial Magistrate, 1st Class, Rajpura, whereby an application under Section 319 Cr.P.C. to summon the petitioner as an additional accused in FIR No.267 dated 11.10.2021 has been allowed and the order in revision of the learned Additional Sessions, Patiala dated 28.08.2018 (Annexure P-2) whereby the said order (Annexure P-1) has been affirmed.
2. The brief facts of the case are that one Bansi Lal complainant/respondent No.2 father of Paras Gera filed a complaint before the police authorities including IG Zone-1, Patiala. Briefly stated the sum and substance of the complaint by Bansi Lal was that he wanted to send his son Paras Gera to England and he therefore wanted to open a bank account. For that reason he met Maneet Singh Bindra resident of Panchkula. Thereafter Maneet Singh Bindra sent one person with Bansi Lal and Paras Gera to Rajpura from Panchkula. Thereafter an account was duly opened in Axis Bank Rajpura. Maneet Singh Bindra had thereafter took the complete cheque book of the account at Rajp
Brijendra Singh & others Versus State of Rajasthan
The power under Section 319 Cr.P.C. is to be exercised sparingly and requires strong and cogent evidence of the accused's complicity.
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 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....
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