RAJESH BHARDWAJ
Jagmal – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Rajesh Bhardwaj, J. (Oral) - Petitioner has approached this Court impugning the order dated 17.09.2022 wherein the petition filed by the petitioner under Section 319 Cr.P.C. has been declined.
2. As per the facts of the case, the FIR in this case was lodged by Jagmal Singh. The sum and substance of the allegations made by the complainant-petitioner were that his marriage was solemnized 28 years ago. Out of the wedlock, he was blessed with two sons and two daughters. He has constructed a shop at home where his wife Poonam (deceased) used to sell the wood. Rakam Singh, who is their neighbour also had the shop of wood and as both were carrying out same type of business, there was a rivalry between both the families. Rakam Singh, his wife and his sons namely, Sachin and Monu quaralled with them in which they were beaten by Rakam Singh and his family. As the matter was reported to the police, Rakam Singh and his family had assaulted and beaten his wife Poonam and she was threatened to be killed, on account of which, his wife was seriously disturbed. Resultantly, his wife jumped before the train and committed suicide. It was alleged that his wife was harassed by Rakam Singh, his w
Summoning under Section 319 Cr.P.C. is an extraordinary power to be used sparingly and requires strong and cogent evidence against a person, as established by the Hon'ble Supreme Court.
The power under Section 319 Cr.P.C. is extraordinary and should be exercised sparingly, requiring strong evidence against the accused.
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 court upheld the decision to summon an additional accused under Section 319 Cr.P.C., confirming that sufficient prima facie evidence warranted trial based on allegations of dowry-related harassme....
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