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SURENDRA SINGH I
Raju Patel – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SURENDRA SINGH-I, J.
1. Heard Sri Dr. C.P. Upadhyay, Advocate assisted by Sri Santosh Kumar Mishra, learned counsel for the revisionist and Sri Alok Sharma, learned A.G.A.-I for the State.
2. This criminal revision has been filed challenging the impugned judgment and order dated 19.05.2023 passed by Additional Sessions Judge/ Fast Track Court No. 1, Maharajganj in S.T. No. 48 of 2017 (State vs. Vishambhar Patel and Others) arising out of Case Crime No. 672 of 2016 u/s 304 r/w 34, 506 I.P.C. Police Station-Kotwali, District- Maharajganj.
3. By the impugned order, the trial Court has allowed the application u/s 319 Cr.P.C. filed by opposite party no. 2/informant, Smt. Heera Devi and summoned revisionist/accused, Raju Patel for trial u/s 304 r/w 34, 506 I.P.C.
4. The prosecution case, in brief, is that informant, Smt. Heera Devi w/o late Gyanesh Yadav had submitted a written report on 10.12.2016 at 23.50 hours in Police Station- Kotwali, District- Maharajganj to the effect that she is original resident of village- Kashmariya, Police Station- Chowk, District-Maharajganj. On 10.12.2016, Vishambhar Patel s/o Bansidhar Patel of her village took her husband to Jhunjhunpur crossing. A
The main legal point established in the judgment is the requirement of prima facie evidence to summon an accused for trial under Section 319 Cr.P.C., and the limited scope of criminal revision under ....
The main legal point established in the judgment is the discretionary and extraordinary nature of the power under Section 319 Cr.P.C., the need for strong and cogent evidence to exercise this power, ....
Power to proceed against other persons appearing to be guilty of offence - When strong and cogent evidence comes against a person before the Court and such power should not be exercised in a casual a....
The court established that the power to summon additional accused under Section 319 of the CrPC is contingent upon the existence of prima facie evidence presented during the trial, and that the trial....
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....
The discretionary nature of the power under Section 319 CrPC and the requirement of strong and cogent evidence to summon additional accused during trial.
Point of law: Suicide - Summoning of the revisionist - Neither the chief-examination nor the cross-examination of the witness was recorded by the learned trial court, so only on the basis of query by....
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