The discretionary nature of the power under Section 319 Cr.P.C. and the requirement of strong and cogent evidence to invoke this power.

JUDGMENT :

RAM MANOHAR NARAYAN MISHRA, J.

1. Heard learned counsel for the revisionist, learned counsel for respondent no. 2 and learned AGA for the State.

2. By means of instant criminal revision, revisionist has assailed the impugned order dated 10.8.2021 passed by learned Additional District and Sessions Judge, Fast Track Court No. 1, Deoria by which the learned Judge has dismissed the application 131 Kha under section 319 Cr.P.C. in Session Trial No. 134 of 2018 (State vs. Ramkeshwar and Others), under Section 364 IPC for summoning the respondent no. 4, Satendra @ Santosh Mall as conspirator to face trial with the accused, respondent nos. 2 and 3, who are already facing trail.

3. Factual matrix of the case in brief is that the informant/ revisionist lodged F.I.R. at P.S. Kotwali on 2.10.2012 at 6:25 hours stating therein that she is resident of village Parwa Tarwa (Parsia Mall), P.S. Kotwali, Deoria. Her uncle Santosh Mall @ Satendra Mall has got executed a fraudulent sale deed of property of her father in the name of his wife. She had gone to the court of SDM, Deoria in connection with that sale deed and after getting her statement recorded, she came to Kotwali. Her father went to Tehsil from there and she left for her village. When she reached near overbridge, her co-villagers Ramkeshwar Chauhan and Sambha Bhartiya offered her lift on their motorcycle and assured her that they will leave her at her village. As they were also going on same route, she sat at pillion of the motorcycle on their request. However, she noticed on the way that instead of taking her towards village, they were going to Kasaya road and when she asked as to why they had changed the route, they stated that they were taking her away from the village as her uncle has given money to them for her murder. They stopped the motorcycle near Ranchhor Kuti and consumed liquor. She anyhow get herself rescued from the clutches and run towards her village by shouting for help whereupon Gram Pradhan and other persons assembled there and caught one accused and other succeeded to escape from the place. FIR was lodged against Ramkeshwar and Sambha Bhartiya.

4. The victim, in her statement under section 161 Cr.P.C. has stated that Ramkeshwar was caught by the public at around 7:30 pm on 1.10.2012 but Sambha Bhartiya escaped from the place. IO also recorded statement of Durgesh Mall, constable Omkar Nath Tiwari and other witnesses during investigation. This fact surfaced during investigation that Ashok Mall, father of the victim is two brothers. The other is Satendra @ Santosh Mall, the proposed accused Santosh Mall got disputed sale deed executed in the name of his wife Savita which was strongly opposed by the victim and her family and they had gone to the court of SDM on the day of incident to get their statement recorded alongwith number of co-villagers in protest of this act of respondent no. 4. The victim was abducted on the way by the co-accused who are already facing trial. The allegations against the respondent no. 4 are that he conspired with named co-accused persons to get the victim abducted who was to be killed subsequently but she got narrow escaped from the clutches of perpetrators of crime.

5. On commencement of trial, evidence of PW-1 Priyanka Mall, PW-2 Durgesh, PW-3 Tribhuvan was recorded who supported the FIR version in their testimony. The informant moved an application under section 319 Cr.P.C. before the trial court to summon Satendra @ Santosh Mall to face trial together with accused Ramkeshwar and Sambha who are already facing trial in the case. He has been attributed role of chief conspirator in the offence.

6. Learned court below dismissed the application under section 319 Cr.P.C. with observations that proposed accused Satendra @ Santosh is not named in the FIR. No particulars are disclosed during evidence that who has conspired for kidnapping and murder of the informant alongwith co-accused persons and as to how she got rescued herself during cours