IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANISHA BATRA
Jyoti Phulia – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
MANISHA BATRA, J.
1. The instant revision petition has been filed by the petitioner challenging the order dated 19.03.2024, passed by the Court of learned Additional Sessions Judge, Karnal in case arising out of FIR No. 80 dated 24.01.2018, registered under Sections 148, 149, 323, 324, 506 and 216 of IPC and Sections 3(2)(va) and 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘SC/ST Act’), whereby the petitioner had been ordered to be summoned as an additional accused on allowing of an application filed by the complainant under Section 319 of Cr.P.C.
2. Brief facts of the case relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on the basis of a complaint filed by complainant Sandeep alleging that accused Sumit was his friend who used to make calls to their other friends by taking cellphone of the complainant. On 09.01.2018, Sumit insisted the complainant to accompany him to Karnal for the purpose of buying some clothes. When they reached in the vicinity of Karnal, Sumit made the complainant to stop at Atal Park on the premise that he had to take money from someone. On rea
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....
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 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....
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