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JASJIT SINGH BEDI
Hempal – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
JASJIT SINGH BEDI, J.
This order shall dispose of two petitions bearing No.CRR-2144- 2022 titled as Hempal Versus State of Haryana & another and CRR-2052- 2022 titled as Arun Pratap & another Versus State of Haryana & another as the same are arising out of the same FIR. However, for the sake of convenience the facts have been taken from CRR-2144-2022.
2. The prayer in the instant revision petitions are for setting aside of the order dated 05.09.2022 passed by the Sessions Judge, Faridabad vide which the petitioners have been ordered to be summoned to face Trial under Section 319 Cr.P.C. for the offences under Sections 302 and 201 read with Section 34 IPC.
3. The brief facts of the case are that an FIR No.430 dated 31.10.2020 under Sections 302/201/34 IPC, Police Station Sadar Ballabgarh, Faridabad came to be registered at the instance of Chanderpal (respondent No.2) son of Chunnilal and the same reads as under:-
The court clarified that under Section 319 Cr.P.C., a prima facie case is sufficient for summoning additional accused, emphasizing that evidence merits are to be assessed during the trial.
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....
(1) Powers under Section 319 Cr.P.C. can be exercised at any stage before final conclusion of trial.(2) On the basis of examination-in-chief of a witness if a case is made out, a person can be summon....
For invoking power under Section 319 Cr.P.C. inter alia includes the principle that only when strong and cogent evidence occurs against a person from the evidence the power under Section 319 Cr.P.C. ....
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