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DEEPAK GUPTA
Samsu @ Shamshuddin – Appellant
Versus
State of Haryana – Respondent
DEEPAK GUPTA, J.
This order shall dispose of two petitions titled above, both filed by same petitioner namely Samsu @ Shamshuddin, arising out of same case pertaining to FIR No.210 dated 17.06.2018 under Sections 148, 149, 323, 341, 307, 506, 302/120-B of the IPC and Section 25 of Arms Act, registered at Police Station Sadar Tauru, District Nuh.
2. In CRR-1652-2023, petitioner has challenged the order dated 06.07.2023 passed by learned Additional Sessions Judge, Nuh, whereby he has been summoned under Section 319 Cr.P.C. to face trial in above case; whereas in CRM-M-41899-2023, petitioner prays for grant of anticipatory bail under Section 438 Cr.P.C.
Prosecution case and further proceedings:
3. (i) As per prosecution case, on 16.06.2018, a police party was on crime patrolling duty at Village Shikarpur, when it received information from the Police Station Tauru that Shabbir son of Mahmud resident of Village Rahadi and others had been admitted in CHC, Nuh, on account of assault injuries. Police reached the hospital but the injured having received pellets and bullet injuries, requested to get their statements recorded next day. Medico legal reports of at least 15 injured persons were coll
The court emphasized the need for strong and cogent evidence and a higher degree of satisfaction to exercise the power under Section 319 of the Cr.P.C.
The power under Section 319 CrPC is discretionary and extraordinary, to be exercised sparingly and only when strong and cogent evidence occurs against a person. The degree of satisfaction for invokin....
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 main legal point established in the judgment is the court's emphasis on the need for free and fair investigation, the exercise of power under Section 319 of the Cr.P.C. only in cases where there ....
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