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SAURABH LAVANIA
Asad Ali @ Munna – Appellant
Versus
State Of Uttar Pradesh Thru. Prin. Secy. Home Lko. – Respondent
JUDGMENT :
Saurabh Lavania, J.
1. Heard Sri A. M. Tripathi and Sri Yugal Kishor Tripathi, learned counsel for the applicants, and Sri S. P. Tiwari, learned A.G.A. for the State and Sri Anand Prakash Singh, learned counsel for opposite party No. 2.
2. By means of the present application u/s 482 CrPC, the applicants have assailed the order dated 23.05.2024, passed by Additional Sessions Judge, Court No.1, Pratapgarh (in short ‘trial court’), in Sessions Trial No. 486 of 2019 (State Vs. Ashraf and Ors), arising out of Case Crime No. 306 of 2018, under Section 147, 148, 149, 302, IPC, Police Station- Antu, District- Pratapgarh. The order under challenge dated 23.05.2024 has been passed by the trial court in exercise of power under Section 319 CrPC.
3. Brief facts of the case are to the effect that an F.I.R. was lodged by the informant/eye-witness/opposite party No. 2 namely Chandan Singh (PW-1) on 14.08.2018, which was registered as Case Crime No. 306 of 2018, under Section 147, 148, 149, 302 IPC. As per the allegations levelled in the F.I.R., the deceased, father of the opposite party No. 2, was assaulted by Asad Ali @ Munna, Bablu, Mahroj, Awadhesh Kumar, and an unknown person. The decea
The court upheld the trial court's decision to summon additional accused under Section 319 CrPC based on sufficient evidence from the informant, emphasizing the standard of proof required for such su....
The discretionary and extraordinary nature of the power under Section 319 Cr.P.C., requiring strong and cogent evidence to summon accused persons not named in the charge-sheet.
Court can exercise power under Section 319 Cr.P.C. even on the basis of statement made in examination-in-chief of witness concerned and Court need not wait till cross-examination of such a witness an....
For invoking power under Section 319 Cr.P.C. inter alia includes the principle that only when strong and cogent evidence occurs against a person from the evidence the power under Section 319 Cr.P.C. ....
Court in exercise of the revisional jurisdiction cannot embark upon the inquiry with regard to facts of the case, particularly when the courts below had applied its mind and taken a view, which does ....
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....
(1) Powers under Section 319 Cr.P.C. can be exercised at any stage before final conclusion of trial.(2) On the basis of examination-in-chief of a witness if a case is made out, a person can be summon....
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