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RAM MANOHAR NARAYAN MISHRA
Baby Tabassum – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Ram Manohar Narayan Mishra, J.
Instant criminal revision has been preferred by the revisionist against order dated 27.10.2020, passed by Additional District and Sessions Judge/F.T.C., Court No. 1, Moradabad in Sessions Trial No. 587 of 2019 (State v. Furkan Sir and others), under Sections 376-D, 313, 328, 120-B I.P.C., P.S.-Bhojpur, District- Moradabad arising out of case crime no. 160 of 2019, whereby the application 319 Cr.P.C. of the revisionist as paper no. 11 B has been rejected.
2. Heard Sri Shiv Prakash Tiwari, learned counsel for the revisionist, learned A.G.A. for the State as well as Sri Sheshadri Trivedi, learned counsel appearing for opposite party Nos. 2 to 5.
3. The factual matrix of the case relevant from present criminal revision are that the revisionist, who is informant in S.T. No. 587 of 2019 State v. Fukran and others under Section 373 , 313, 328, 120B I.P.C., P.S.- Bhojpur, District- Moradabad arising out of Case Crime No. 160 of 2019. She moved an application at the stage of trial of the case under Section 319 Cr.P.C. for summoning the accused persons named in F.I.R. Fukran s/o Ayyub, Shahnawaz @Shanu, Mohd. Gaus@ Guddu, Seema Bhatnagar, whose name was
The court held that the trial court improperly dismissed the application to summon additional accused under Section 319 Cr.P.C. without adequate assessment of witness evidence, necessitating reevalua....
The court emphasized that under Section 319 Cr.P.C., sufficient evidence is required to summon additional accused, balancing the duty to ensure justice with the need for a higher standard of proof.
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 emphasized that a prospective accused can only be summoned under Section 319 Cr.P.C. if strong and cogent evidence emerges, not merely based on allegations or inconsistencies in witness sta....
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, ....
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.
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.
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....
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