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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Vikram Sharma – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral)
1. This order shall dispose of two criminal petitions bearing CRM-M-1044-2018 filed by four petitioners, namely, Vikram Sharma son of Daulat Ram, Sushil son of Ram Avtar, Mahesh son of Daulat Ram and Krishan son of Bhagwan and CRM-M-45592-2023, filed by petitioner Kuldeep Vats son of Satuanaryan and both the said petitions have been filed under Section 482 Cr.P.C. praying for quashing the order dated 14.10.2016 (Annexure P-6) passed by the JMIC, Gurugram, whereby the petitioners, have been summoned as additional accused to stand trial along with the others in case bearing FIR No.187 dated 24.10.2010 under Sections 147, 148, 323, 325, 452 and 506 IPC, registered at Police Station Bilaspur and also the order dated 15.12.2017 (Annexure P-8) passed by the Additional Sessions Judge, Gurugram, upholding the order dated 14.10.2016 while dismissing the revision petition filed by four petitioners in CRM-M-10442018.
2. With the consent of learned counsel for the parties, CRM-M-1044-2018, has been taken up as the lead case and facts are being noticed from the same.
FACTS OF THE CASE:-
3. Brief facts of the case are that FIR No.187 dated 24.10.2010 under Sections 14
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 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 held that the power under Section 319 of the Cr.P.C. must be exercised sparingly and requires strong evidence against the accused, not merely suspicion.
The conviction of accused based on reliable testimonies of injured witnesses is valid, and the absence of independent witnesses does not undermine the prosecution's case.
The power under Section 319 of Cr.P.C. is discretionary and extraordinary, to be exercised sparingly and with caution, and requires strong and cogent evidence against the person being summoned.
(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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