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HARPREET SINGH BRAR
Karamjit Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
Prayer in this petition filed under Section 528 of BNSS , 2023, is for quashing the order dated 12.11.2024, passed by learned Sessions Judge, Faridkot vide which the revision petition filed by respondents No.2 and 3 has been allowed and the well reasoned order dated 08.05.2023, passed by learned Judicial Magistrate Ist Class, Faridkot in FIR No.16 dated 05.02.2022 registered under Sections 452 , 323, 148, 149 IPC ( Sections 148 and 149 IPC deleted later on and Section 34 IPC has been added) at Police Station Sadar Kotkapura, District Faridkot, has been set-aside.
2. The brief facts of the case are that on 28.01.2022, a quarrel occurred between the petitioner and Arshdeep Singh. On 30.01.2022, a Panchayat was convened at the complainant’s house to resolve the matter. During the discussion, the complainant suggested calling Arshdeep Singh to facilitate the compromise, which led to the accused persons, including Jaspal Singh, Ravi, Lovely, Raj Kumar, Amritpal Singh @ Sunny (respondent No. 3), and Reetu (respondent No.2), using abusive language. When the Panchayat members asked them to leave, they became aggressive and attacked the complainant. At arou
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.
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 discretionary power under Section 319 Cr.P.C. is to be exercised only when credible material substantiates a prima facie case against additional accused.
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....
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