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SURENDRA SINGH I
Puneet Sharan Tiwari – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. summary of factual background of the case. (Para 2 , 11 , 12) |
| 2. arguments regarding the sufficiency of evidence. (Para 3 , 4 , 5 , 6) |
| 3. legal principles governing section 319 cr.p.c. (Para 7 , 8 , 9 , 10) |
| 4. court's agreement with trial court's order. (Para 13 , 14) |
| 5. conclusion and order of the court. (Para 15 , 16) |
JUDGMENT
Surendra Singh-I, J.
Heard Shri K.S. Tiwari, learned counsel for the applicants, Shri Surendra Kumar Chaubey, learned counsel for opposite party no. 2, Shri Prashant Saxena, learned A.G.A. for the State and perused the material available on record.
2. The present application under Section 482 Cr.P.C. has been filed for quashing the order dated 07.01.2023 passed by the Additional Sessions Judge-Ist, Bhadohi at Gyanpur in S.T. No. 55 of 2019, State v. Shaym Dhar Tiwari and others, arising out of Case Crime No. 192 of 2017, under Sections 147 , 323, 504, 506, 308 I.P.C., Police Station Koirauna, District Bhadohi. Vide the impugned order, the Trial Court has summoned applicants under Section 319 Cr.P.C. for trial.
3. It has been submitted by the learned counsel for the applicants that the Trial Court has summoned them for trial under the aforesaid
Point of Law : Evidence of an injured eye-witness has greater evidential value and unless compelling reasons exist, their statements are not to be discarded lightly. As observed hereinabove while exe....
Summoning of additional accused to face trial – Degree of satisfaction that is required to exercise power under Section 319 Cr.P.C. is much stricter, considering that it is a discretionary and an ext....
Point of law: for the exercise of power under Section 319 Cr.P.C. the use of word ‘evidence’ means material that has come before the court during an inquiry or trial by it and not otherwise. If from ....
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 main legal point established in the judgment is the careful consideration of the power to summon under Section 319 Cr.P.C. and the admissibility of the statement made under Section 164 Cr.P.C. as....
The evidentiary value of an injured witness and the need for a speaking and reasoned order while rejecting an application under Section 319 Cr.P.C. were central to the judgment.
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