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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Harwinder Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Manisha Batra, J. (Oral) :
The instant revision petition has been filed by the petitioner challenging the order dated 12.12.2011 as passed by the Court of learned Additional Sessions Judge, Amritsar, in case arising out of FIR No. 14 dated 01.03.2011 registered under Sections 307, 328 read with Section 34 of IPC at Police Station Mehta, whereby an application filed under Section 319 of Cr.P.C. by the petitioner-complainant had been dismissed.
2. Brief facts of the case relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on the allegations that on 26.02.2011, at about 07:00 PM, the petitioner was going back to his village on his bike when the co-accused Bikramjit Singh, Nirvair Singh along with the proposed accused Pargat Singh were found standing on the way. They stopped the petitioner and asked him to give some tools from his motor bike as their motorcycle had broken down. While the petitioner was trying to take out tool from his vehicle, the proposed accused caught hold of him from backside, whereas accused Bikramjit Singh caught hold of his neck and accused Nirvair Singh threw a jug containing acid on the face of the petit
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.
(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....
The power under Section 319 of Cr.P.C. is discretionary and should be exercised before the conclusion of the trial. The Court must find prima facie evidence against the proposed accused and follow th....
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....
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....
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