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SHAMIM AHMED
Aayasha – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. application for quashing summoning order (Para 1 , 2 , 3) |
| 2. lack of evidence against applicants in fir (Para 4 , 5 , 6 , 7 , 8) |
| 3. requirements of strong evidence for section 319 (Para 9 , 10 , 11 , 12) |
| 4. state's support for summoning order (Para 13 , 14) |
| 5. stay on the operation of the summoning order (Para 15 , 16 , 17) |
JUDGMENT
Shamim Ahmed, J.
Heard Shri Bhagwati Prasad Nigam, learned counsel for the applicants and Shri Vijay Prakash Dwivedi, learned AGA-1 for the State and perused the record.
2. This application under section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the impugned summoning order dated 1.9.2022 passed by the 1st Additional Sessions Judge, Hardoi in Application moved by the complainant Rahees under section 319 Cr.P.C. (in Sessions Trial No. 244 of 2018, State v. Salman and others), arising out of case crime no. 103 of 2018 under sections 498-A, 304-B IPC and section 3/4 Dowry Prohibition Act, Police Station Baghauli, District Hardoi, whereby the Application no. 33B under section 319 Cr.P.C. has been allowed and applicants have been summoned to face trial.
3. As per the prosecution case a first information report was lod
The powers under Section 319 CrPC are discretionary and extraordinary, to be exercised sparingly and not in a casual and cavalier manner for summoning a person as an additional accused. There must be....
Dowry Death - Power to proceed against other persons appearing to be guilty of offence - It is true that summoning of an accused under Section 319 Cr.P.C. cannot be resorted to in a cavalier or casua....
Summoning of additional accused to face trial – FIR registered under Sections 304B, 498A, 406, 323 and 34 of IPC – Power of summoning under Section 319 Cr.P.C. is not to be exercised routinely – Exis....
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....
The discretionary nature of the power conferred under Section 319 of the Cr.P.C. and the need for substantial material to justify summoning an accused.
The main legal point established in the judgment is that the power under section 319 of Cr.P.C. should be exercised sparingly and only when there is much stronger evidence than mere probability of co....
The court held that the power under Section 319 of the Cr.P.C. must be exercised sparingly and requires strong evidence against the accused, not merely suspicion.
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