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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
RAJESH BHARDWAJ
Harbhajan Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Rajesh Bhardwaj, J.
Prayer in the present revision petition is for setting aside the judgment dated 07.06.2024 passed by the learned Sessions Judge, Tarn Taran, whereby an application under Section 319 Cr.P.C. filed by the prosecution has been allowed and the petitioners have been ordered to be summoned to face trial along with the other accused persons who are already facing trial in case FIR No.0173 dated 11.10.2020, registered under Sections 302, 506, 120-B, 201, 148 and 149 of the IPC, at Police Station Bhikhiwind, District Tarn Taran, Punjab.
2. Succinctly, the facts of the case are that the FIR in the present case was registered on the statement of the complainant/respondent no.2 Dinesh Kumar, in which he alleged that on 11.10.2020, at around 6.00/7.00 pm, he along with Mandeep Kumar alias Monu (deceased), who was his brother-in-law, his father-in-law's younger brother, namely, Paramjit Kumar and an employee of the petrol pump, namely, Deepak Kumar were sitting at the petrol pump, namely, Raj Kumar Brothers Pump on Khemkaran road. In the meantime, Satwinder Singh alias Satinder Singh Pasi armed with a .315 bore rifle, Gurpreet Singh alias Gopi armed with a pistol, Cha
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.
The main legal point established in the judgment is the discretionary and extraordinary nature of the power under Section 319 Cr.P.C., the need for strong and cogent evidence to exercise this power, ....
Power to proceed against other persons appearing to be guilty of offence - When strong and cogent evidence comes against a person before the Court and such power should not be exercised in a casual a....
The court established that the power to summon additional accused under Section 319 of the CrPC is contingent upon the existence of prima facie evidence presented during the trial, and that the trial....
(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....
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