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PRAKASH SINGH
Ashok Kumar Singh – Appellant
Versus
State Of U. P Thru. Prin. Secy. Home Govt. Lko. – Respondent
JUDGMENT :
Shree Prakash Singh, J.
1. At the very outset, Sri Kailash Nath Mishra, learned counsel appearing for the opposite party no. 2 has raised a preliminary objection that this application under section 482 Cr.P.C. is not maintainable against the order dated 06-04-2023 passed by the learned Additional District & Sessions Judge, Gonda.
2. He added that the impugned order has been passed while invoking the jurisdiction under section 319 of Cr.P.C. and it's not an interlocutory order and the same is revisable and therefore invoking the inherent powers under section 482 of Cr.P.C., is barred as the inherent power can be invoked, when there is no overt or express provision in the Criminal Procedure Code or otherwise any alternative remedy is available.
3. In support of his contentions, he has placed reliance on the Judgment of the Apex Court rendered in the case of Mohit alias Sonu and Another Versus State of U.P. and Another(Criminal Appeal No. 814 of 2013) decided on 1st July, 2013 and has referred paragraph no. 23 of the aforesaid Judgment, which is quoted hereinunder :-
When an order under challenge is not interlocutory in nature and is amenable to the revisional jurisdiction, then inherent jurisdiction under Section 482 Cr.P.C. could not be exercised.
The importance of providing reasons and subjective satisfaction in any court order, as it forms the backbone of the order and ensures the principles of natural justice are upheld.
Power under Section 156(3) Cr.P.C. warrants application of judicial mind.
(1) Summoning of additional accused to face trial – Power exercised under Section 190 of Cr.P.C. is quite distinct from power exercised by Trial Court/Sessions Court under Section 319 of Cr.P.C. – Po....
The court held that the power under Section 319 Cr.P.C. must be exercised with strong evidence and cannot be invoked after the trial of co-accused has concluded.
(1) Summoning of additional accused to face trial – Power of court to summon an accused based on evidence as contemplated under Section 319 of Cr.P.C. will have to be invoked and exercised before pro....
The power under Section 319 Cr.P.C. is discretionary and should be exercised sparingly based on strong and cogent evidence, and the test for summoning a person is one which is more than prima facie c....
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