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HIGH COURT OF JUDICATURE AT ALLAHABAD
Ram Manohar Narayan Mishra, J
Ramesh Tiwari – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. summoning order details (Para 1 , 2) |
| 2. mechanical exercise of power (Para 3 , 4 , 5 , 6) |
| 3. evidence discussed (Para 7 , 8) |
| 4. injury reports (Para 9 , 10 , 11) |
| 5. power under section 319 (Para 12 , 13 , 14 , 15 , 16 , 20) |
| 6. impugned order set aside (Para 17 , 18 , 19) |
JUDGMENT :
1. Instant Criminal Revision has been preferred under Section 397/401 Cr.P.C. against order dated 26.02.2024 passed by Learned Session Judge, Bhadohi in Misc. Criminal Case No. 155 of 2018 Ramesh Tiwari Vs. State, whereby the revisionist has been summoned to face trial in exercise of powers under Sections 319 Cr.P.C. for charge under Sections 323, 325, 452, 504, 506, 308 IPC in a case arising out of Case Crime No.186 of 2006, P.S. Suriyawa, District Bhadohi. Revisionist has been summoned on application filed by respondent No.2, the informant in the case.
3. Learned counsel for the revisionist has contended that the learned court below has not recorded its finding with regard to its satisfaction while passing the impugned order dated 26.02.2024 in exercise of powers under Section 319 Cr.P.C.. Whereby the revisionist has been summoned to face trial for charge under Sections 323, 325, 452, 504, 5
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.
The court affirmed that the power under Section 319 Cr.P.C. must be exercised before the conclusion of trial and sentencing, allowing for the summoning of additional accused based on evidence.
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 power under Section 319 Cr.P.C. can be exercised only after the trial proceeds and commences with the recording of the evidence and also in exceptional circumstances. The trial court has to exerc....
The court may summon non-accused individuals under Section 319 of the Code of Criminal Procedure if evidence indicates complicity, ensuring that real perpetrators are not unpunished.
Point of law : Power to proceed under Section 319 has also been held to be exerciseable in respect of persons though named in the FIR but not charge sheeted provided the court is satisfied that the c....
For invoking power under Section 319 Cr.P.C. inter alia includes the principle that only when strong and cogent evidence occurs against a person from the evidence the power under Section 319 Cr.P.C. ....
Court under revisional jurisdiction cannot substitute its own views particularly when there was ample evidence available on record before the court below in exercising the jurisdiction as conferred u....
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