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HARKESH MANUJA
Randhir Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Harkesh Manuja, J. (Oral) - By way of present petition, challenge has been made to an order dated 08.04.2022 passed by the Court of learned Sessions Judge, Yamuna Nagar at Jagadhari, whereby, application filed at the instance of petitioner/complainant, invoking Section 319 Cr.P.C., for summoning of Sandeep, Sudhir and Rajan as additional accused, has been dismissed.
2. In the present case FIR No.272 dated 03.10.2021 was registered at Police Station Chhappar, District Yamuna Nagar, at the instance of petitioner/complainant against Seema Devi, Sandeep, Sudhir and Rajan. Upon investigation, challan against Seema Devi was filed before the Illaqa Magistrate on 24.11.2021 whareas other three accused i.e. Sandeep, Sudhir and Rajan were placed in column No.2 The petitioner/complainant appeared as PW-1 before the trial Court on 15.03.2022. Based upon his deposition, an application under Section 319 Cr.P.C. was filed, seeking summoning of Sandeep, Sudhir and Rajan i.e.
3. private respondents as additional accused. However, the same was rejected vide order dated 08.04.2022 passed by the Court of learned Sessions Judge, Yamuna Nagar at Jagadhari, which has been impugned by way of present
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....
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 ....
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