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DEEPAK GUPTA
Manjinder Singh – Appellant
Versus
State of Punjab – Respondent
DEEPAK GUPTA, J.
This order shall dispose of two petitions as referred above as both of them have arisen out of the proceedings of same FIR.
2. In CRM-M-4532-2023, petitioner has prayed for quashing of the order dated 15.12.2022 (Annexure P1) passed by ld. Additional Sessions Judge, Jalandhar, whereby he has been summoned under Section 319 CrPC to face trial as an additional accused in Sessions case No.SC/49/2019 arising out of FIR No.32 dated 06.10.2018, registered at Police Station Patara, District Jalandhar Rural, under Sections 302/201/34 IPC.
3. In CRM-M-6152-2023, petitioner has prayed for grant of anticipatory bail, after being summoned under Section 319 CrPC to face trial, in the aforesaid case.
4. FIR was lodged on the statement of Kuldeep Chhabra (respondent No.2 in CRM-M-4532-2023), as per which he and his paternal uncle Ramchand Chhabra (deceased) had lent money to some people. On 04.10.2018, his uncle told him that he was going to collect money from people and left home at about 11 O’clock on his Activa No.PB-08-DH-3465. He did not return home till evening. Mobile No.75080-35760 of his uncle Ramchand Chhabra was coming switched off. Complainant along with his nephew Sanjay
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 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 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 court emphasized the need for admissible evidence and the discretionary power of the court to summon an additional accused under Section 319 Cr.P.C. based on the quality of evidence collected.
The power to summon an additional accused under Section 319 Cr.P.C. should be exercised during the pendency of the trial, and the section cannot be pressed into service once the trial is over.
The court can summon an accused as an additional accused to face trial under Section 319 Cr.P.C. based on prima-facie evidence, even if the investigating agency had previously exonerated the accused.
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