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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Vijay Kumar – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sumeet Goel, J.
The present criminal revision petition has been filed by the petitioner-complainant seeking setting aside of the impugned order dated 07.04.2021, passed by the learned Sessions Judge, Sirsa, whereby the application filed under Section 319 Cr.P.C. moved by the prosecution for summoning the private respondents No.2 to 4, namely Baldev Singh son of Mani Ram, Vinod Kumar and Naresh Kumar sons of Om Parkash (respondent Nos.2 to 4 herein), to face the trial, has been dismissed.
2. Shorn of non-essential details, the relevant factual matrix of the lis in hand reads thus:
(i). FIR No.175 dated 17.07.2018 was registered at Police Station Ellenabad, District Sirsa, under Sections 323, 325, 326, 341, 367, 506 read with Section 34 IPC on the statement of the petitioner/complainant/injured namely Vijay Singh. In the said FIR, apart from the accused persons namely Surender Kumar, Rajender Kumar and Om Parkash, the names of the private respondents (respondent Nos.2 to 4 herein), were also find mentioned.
(ii). Thereafter, upon completion of the investigation, the Investigating Officer found respondent Nos.2 to 4 (herein) innocent and placed their names in column No.2 of the
(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....
Court can exercise power under Section 319 Cr.P.C. even on the basis of statement made in examination-in-chief of witness concerned and Court need not wait till cross-examination of such a witness an....
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.
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 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 power under Section 319 Cr.P.C is discretionary and should be exercised sparingly, only when strong and cogent evidence occurs against a person from the evidence led before the court.
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