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SHIV SHANKER PRASAD
Krishnapal – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Shiv Shanker Prasad, J.
1. Heard Mr. Vinay Saran, learned Senior Advocate assisted by Mr. Pradeep Kumar Mishra and Mr. Tanzeel Ahmad, learned counsel for the revisionist, Mr. Ankit Saran, learned counsel for the opposite party no.2 and Mr. R.N. Singh, learned A.G.A. for the State as well as perused the entire material available on record.
CHALLENGE TO THE PRESENT CRIMINAL REVISION
2. This revision has been filed to set aside the judgment and order dated 28.04.2023 passed by learned Additional Sessions Judge, Court no.7, Meerut in Sessions Trial No.297 of 2015, arising out of Case Crime No. 333 of 2014, under Section 302, 504, 506 I.P.C., Police Station Kankarkhera, District Meerut pending before the learned Additional Sessions Judge, Court no.7, Meerut.
GENESIS OF THE CASE
3. For the alleged incident dated 24th May, 2014 at about 11:30 a.m., a first information report has been lodged by Dinesh Kumar Singh i.e. informant/opposite party no.2 on 24th May, 2014 at 1300 hrs. (01:00 p.m.) against Krishnapal, Vikash and Praveen (Krishnapal and Vikas are revisionists herein). The said FIR came to be registered as Case Crime No. 333 of 2014 under Sections 504, 506 and 302 I.P.C., at Po
The power under Section 319 Cr.P.C. can be exercised only after the trial proceeds and commences with the recording of the evidence and also in exceptional circumstances. The trial court has to exerc....
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The discretionary nature of the power under Section 319 CrPC and the requirement of strong and cogent evidence to summon additional accused during trial.
The court emphasized that a prospective accused can only be summoned under Section 319 Cr.P.C. if strong and cogent evidence emerges, not merely based on allegations or inconsistencies in witness sta....
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