SADHNA RANI ( THAKUR )
Yashodhan Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Mrs. Sadhna Rani (Thakur), J.
Heard learned counsel for the applicant, learned counsel for the opposite party no.2 and perused the record.
2. The revision has been filed against the order dated 23.09.2022 passed by the Additional Session Judge, Court No. 1 Hathras Junction in Session Trial No.348 of 2018 ( State v. Rajan Singh and others), under Sections 147 , 148, 149, 302, 504, 506, 307, 34 I.P.C, whereby the application under Section 319 Cr.RC. of the opposite party no.2 was allowed and all the seven revisionists were summoned to face trial under Sections 147 , 148, 302/149, 504, 506, 307/149 IPC.
3. It is argued by the learned counsel for the revisionists that FIR was lodged against 11 persons on 09.06.2018 with the allegation that all the named 11 accused persons who were having enmity with opposite party no.2 came to his house in the evening at about 8 PM on 09.06.218 and in furtherance of their common object, herald abuses and when they were resisted all of them started firing with their guns, rifles and pistols. As a result two brothers of the first informant Pratap Singh and Netrapal are said to have put to death and the first informant is said to have sustained fi
The court clarified that the threshold for summoning additional accused under Section 319 CrPC is higher than a mere prima facie case, requiring substantial evidence.
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 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 trial court must find prima facie evidence to summon accused under Section 319 Cr.P.C., not merely act on possibilities; significant discretion and evidentiary standards apply.
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