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HARPREET SINGH BRAR
Karamjit Singh – Appellant
Versus
State of Punjab – Respondent
Judgment
Mr. Harpreet Singh Brar, J.
The present petition has been filed under Section 482 Cr.P.C. for quashing of the impugned order dated 23.11.2023 (Annexure P-3) passed by the learned Revisional Court whereby the revision petition filed by respondents No.2 and 3 has been allowed and the well reasoned order dated 08.05.2023 (Annexure P-2) passed by the learned Judicial Magistrate 1st Class, Faridkot summoning respondents No.2 and 3 as additional accused under Section 319 Cr.P.C. to face trial in FIR No.16 dated 05.02.2022 registered under Sections 452, 323, 148, 149 IPC (Sections 148, 149 IPC were deleted later on and Section 34 IPC was added) at Police Station, Sadar Kotkapura, District Faridkot, has been set aside.
2. In brief, the facts are that the FIR (supra) was registered by the petitioner against six accused namely Ravi, Jaspal Singh, Lovely, Raj Kumar and respondents No.2 and 3 herein, however, the investigating agency did not file final report under Section 173 Cr.P.C. against respondents No.2 and 3. Thereafter, petitioner was examined as PW2 and the prosecution filed an application under Section 319 Cr.P.C. for summoning respondents No.2 and 3 as additional accused, whic
The power under Section 319 Cr.P.C. can be exercised on the basis of examination-in-chief of the witnesses, as per the legal principles established by the Hon’ble Supreme Court.
The main legal point established in the judgment is the requirement for stronger evidence than mere probability of complicity and the need to form a prima facie opinion based on evidence led before t....
Court in exercise of the revisional jurisdiction cannot embark upon the inquiry with regard to facts of the case, particularly when the courts below had applied its mind and taken a view, which does ....
The trial court can summon additional accused under Section 319 Cr.P.C. only if there is more than a mere prima facie case supported by evidence.
Court can exercise power under Section 319 Cr.P.C. even on the basis of statement made in examination-in-chief of witness concerned and Court need not wait till cross-examination of such a witness an....
Point of law: Suicide - Summoning of the revisionist - Neither the chief-examination nor the cross-examination of the witness was recorded by the learned trial court, so only on the basis of query by....
Court under revisional jurisdiction cannot substitute its own views particularly when there was ample evidence available on record before the court below in exercising the jurisdiction as conferred u....
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