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RAJESH BHARDWAJ
Dheera Ram – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Rajesh Bhardwaj, J.
Petitioner has approached this Court by way of filing the present revision petition impugning order dated 19.12.2022, passed by the learned Addl. Sessions Judge, Hisar whereby, application filed by the petitioner under Section 319 Cr.P.C., 1973 for summoning respondents No.2 and 3 as additional accused in case FIR No.177, dated 12.07.2020, registered under Sections 147 , 148, 149, 302, 323, 365, 452, 325 IPC, Section 3(i)(r), 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, at Police Station Agroha, District Hisar, was dismissed.
2. Adumbrated facts of the case are that statement of Dheera Ram, complainant was recorded, wherein, he has deposed that on 11.07.2020 at about 4:00 pm, when he was near the house of Sarpanch of village Mothsara, then Anmol son of Parveen and Pawan son of Bajrang came on motorcycle and started abusing him. He was given slaps and fists blows by them. On seeing the neighbours both of them escaped from there on their motorcycle. Thereafter, at 5:30 p.m., Anmol son of Parveen, Rahul son of Dharampal, Rakesh (respondent No.2) and Sunder sons Jaina Ram Nai, Vishnu son of Om Parkash, Wazir s
Section 319 Cr.P.C. requires clear evidence beyond mere allegations for summoning additional accused, affirming that summoning should not be based on speculative grounds.
The central legal point established in the judgment is the interpretation and application of Section 319 Cr.P.C., emphasizing the need for evidence to form a prima facie view and the intent to ensure....
The court ruled that summoning additional accused under Section 319 Cr.P.C. requires establishing more than a prima facie case, emphasizing a need for substantial evidence.
Summoning of additional accused to face trial – Test that has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an e....
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