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SURENDRA SINGH I
Urmila Devi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SURENDRA SINGH-I, J.
1. This criminal revision has been filed for challenging the impugned judgment and order dated 05.12.2022 passed by the Sessions Judge, Gautam Buddh Nagar in S.T. No. 631 of 2018 (State vs. Khudiram) arising out of Case Crime No. 301 of 2017, under Sections 306 and 506 I.P.C. Police Station-Sector-20, Noida, District-Gautam Buddh Nagar.
2. By the impugned order, the trial Court had rejected the application No. 31 Ka filed by the revisionist under Section 319 Cr.P.C. for summoning Mohit Mandal, Krishna Mandal, Arjun Mandal and Sheela Devi in S.T. No. 631 of 2018 arising out of Case Crime No. 301 of 2018, under Sections 306 and 506 I.P.C. Police Station Sector-20, District Noida.
3. It has been submitted by learned counsel for the revisionist that learned Sessions Judge vide order dated 05.12.2022 has illegally rejected the application filed by the revisionist under Section 319 Cr.P.C. without considering the evidence on record. It has also been submitted that on the basis of deposition of PW-1-Sachin Kumar, PW-2-Dr. Sanjeev Kumar, PW-3 Smt. Urmila Devi and PW-4 Kaleshwar there was sufficient evidence to summon the opposite party Nos. 2 to 4, namely, Mohit
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 court affirmed that the power under Section 319 Cr.P.C. must be exercised before the conclusion of trial and sentencing, allowing for the summoning of additional accused based on evidence.
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.
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 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....
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....
Court under revisional jurisdiction cannot substitute its own views particularly when there was ample evidence available on record before the court below in exercising the jurisdiction as conferred u....
The discretionary nature of the power under Section 319 CrPC and the requirement of strong and cogent evidence to summon additional accused during trial.
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