Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KIRTI SINGH
Om Parkash – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Kirti Singh, J.
The challenge in the present petition is to the impugned order dated 26.02.2024 passed by the Additional Sessions Judge, Charkhi Dadri, whereby the Revisional Court has allowed the revision petition filed by the complainant for summoning the present petitioners as accused under Section 319 Cr.P.C..
2. Brief factual matrix of the present petition is that the petitioner No.1 is the father-in-law, petitioner No.2 is the mother-in-law and petitioner No.3 is the brother-in-law of respondent No.2. The marriage of the respondent No.2 was solemnized with the son of the petitioners No.1 and 2 on 07.02.2005, whereafter, it is alleged that she was subjected to harassment and beatings for the demand of dowry and was thrown out of the matrimonial home, leading her to file a complaint against six persons. The FIR No.224 dated 07.06.2016 was then lodged and investigation carried out, in which five accused included the present petitioners were found innocent and challan was presented only against the husband of respondent No.2. During the course of trial, an application for summoning the petitioners and two other proposed accused was moved which was dismissed by the trial C
The court upheld the decision to summon an additional accused under Section 319 Cr.P.C., confirming that sufficient prima facie evidence warranted trial based on allegations of dowry-related harassme....
Summoning of additional accused to face trial – FIR registered under Sections 304B, 498A, 406, 323 and 34 of IPC – Power of summoning under Section 319 Cr.P.C. is not to be exercised routinely – Exis....
For summoning under Section 319 Cr.PC, evidence must establish strong and cogent grounds against the accused, exceeding mere probability, which was not met in this case.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
