MAYANK KUMAR JAIN
Shoib Ahmad – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
MAYANK KUMAR JAIN, J.
1. Heard Shri Anil Srivastava, Senior Advocate assisted by Shri Prem Narayan Singh, learned counsel for the revisionist, Shri Amrendra Kumar Mishra, learned counsel for the informant and Shri Om Prakash Mishra, learned Additional Government Advocate for the State and perused the record.
2. The instant criminal revision has been filed against the order dated 23.08.2022 passed by the learned Additional Sessions Judge/Fast Track Court-I, Bhadohi on the application under section 319 Cr.P.C. moved by the informant in Sessions Trial No. 281 of 2021 arising out of Case Crime No. 135 of 2021, under sections 498-A, 304-B IPC and section ¾ of Dowry Prohibition Act, police station Bhadohi, district Bhadohi, whereby the learned trial court has summoned the revisionist under Section 319 Cr.P.C. to face the trial with other accused.
3. Brief facts of the case as narrated in the first information report are that the informant Akhlaq Ahmad lodged a report at the police station concerned with the averment that he performed the marriage of his daughter Dilkusha Bano with Ashfaq Ahmad on 25th March 2021 according to Muslim rituals. After one week of the marriage, the in-l
(1) While invoking power under Section 319 Cr.P.C. trial court should consider statements of witnesses adduced before it and it should not place reliance upon material available in charge-sheet or ca....
The court reiterated the application of Section 319 Cr.P.C. must rely on evidence recorded during trial, requiring more than a prima facie case for summoning additional accused.
Dowry Death - Power to proceed against other persons appearing to be guilty of offence - It is true that summoning of an accused under Section 319 Cr.P.C. cannot be resorted to in a cavalier or casua....
The court emphasized the discretionary and extraordinary nature of the power under Section 319 Cr.P.C., requiring stronger evidence than a prima facie case against the accused and the need for specif....
Section 319 Cr.P.C. is being quoted as power to proceed against other persons appearing to be guilty of offence.
The main legal point established in the judgment is the discretion of the court to exercise the power under Section 319 Cr.P.C. sparingly and the requirement of strong and cogent evidence against the....
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