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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Kashmir Singh @ Bittu – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
CRR-3060-2018 (O&M)
The instant revision petition has been preferred against the same impugned order dated 05.07.2018 passed by learned Additional Sessions Judge (Exclusive Court for Heinous Crimes Against Women), Kurukshetra vide which the petitioner Kashmir Singh @ Bittu has been summoned to face trial as an additional accused under Section 319 of Cr.P.C. in the case arising out of FIR No. 288 dated 19.06.2016 registered under Sections 506, 120-B of IPC and Sections 10, 12 of POCSO Act at Police Station- Pehowa, Kurukshetra.
CRM-M-5165-2019
The aforementioned petition has been preferred under Section 482 Cr.P.C. for setting aside of the impugned order dated 05.07.2018 (Annexure P6) passed by learned Additional Sessions Judge (Exclusive Court for Heinous Crimes Against Women), Kurukshetra vide which petitioner no.1-Nishan Kaur @ Shani and petitioner no.2-Jagbir Singh have been summoned to face trial as additional accused under Section 319 of Cr.P.C. in the case arising out of FIR No. 288 dated 19.06.2016 registered under Sections 506, 120-B of IPC and Sections 10, 12 of POCSO Act at Police Station- Pehowa, Kurukshetra.
FACTUAL MATRIX
1. For the sake of
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 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.
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