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RAM MANOHAR NARAYAN MISHRA
Satish Chaubey – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard learned counsel for the revisionist, learned counsel for the opposite party Nos. 2 to 5, Sri Ramesh Chand Gupta, learned A.G.A. for the State and perused the material placed on record.
2. By means of present criminal revision revisionist, who is informant in S.T No. 10 of 2020 (State Vs. Sanjay Pathak) arising out of case crime No. 405 of 2019, under sections 498-A, 304B I.P.C. and Section 3 and 4 of Dowry Prohibition Act, P.S.-Panki, District-Kanpur Nagar, has assailed the impugned order dated 10.06.2022, passed by learned Additional Sessions Judge F.T.C. Court No. 1 Etawah, whereby applicant moved an application 30 KH for summoning of respondent Nos. 2, 3 and 4, who are father-in-law, mother-in-law and sister-in-law (Nanad) of the decreased as section 319 Cr.P.C. has been dismissed. The factual matrix of the case in brief are that an F.I.R. was lodged at the instance of informant Satish Chaubey at P.S. Panki, District-Kanpur Nagar on 8.10.2019 with averment that he had married his daughter Priyam @ Divya Pathak with accused Sanjay Pathak on 3.12.2016, in which he spent around rupees 15 lakh up to his capacity, but when she came back after sometime of marriage to
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....
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....
The discretionary nature of the power under Section 319 CrPC and the requirement of strong and cogent evidence to summon additional accused during trial.
(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's discretion to summon additional accused under Section 319 Cr.P.C. is based on the evidence presented, but the death of a key witness and the nature of evidence from other witnesses can im....
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.
Application of Section 319 Cr.P.C. requires compelling evidence against newly added accused, with discretion to be exercised sparingly based on sufficiency and cogency of evidence.
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