Back
RAJEEV MISRA
Nisha Singh – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
(Rajeev Misra, J.)
1. Challenge in this criminal revision is to the order dated 02.11.2022 passed by Special Judge, POCSO Act/Additional Sessions Judge, Court No. 22 Kanpur Nagar in Special Sessions Trial No. 457 of 2019 (State Vs. Anurag and others) under Sections 376 DA I.P.C. and Section 17 read with Sections 5/6 POCSO Act, Police Station Kakadev, District-Kanpur Nagar, whereby the application dated 19.08.2022, under Section 319 Cr.P.C. (Paper No. 9 Ka) filed by the prosecution/first informant has been allowed and consequently, revisionist Nisha Singh, who is a prospective accused (not named in the F.I.R.), has been summoned under Section 109 I.P.C. read with Section 376 DA I.P.C. and Section 17 read with Sections 5/6 POCSO Act to face trial in aforementioned Special Sessions Trial.
2. Perused the record.
3. I have heard Mr. L. M. Singh, the learned counsel for revisionist, the learned A.G.A. for State, opposite party-1 and Ms. Seema Pandey, Advocate, who has put in appearance on behalf of opposite party-3, High Court Legal Services Committee, Allahabad
4. Present Criminal Revision came up for admission on 17.03.2023 and this Court passed the following order:
Learne
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 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 established that the power to summon additional accused under Section 319 of the CrPC is contingent upon the existence of prima facie evidence presented during the trial, and that the trial....
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, ....
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 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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
