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IN THE HIGH COURT OF ALLAHABAD (LUCKNOW BENCH)
Hon'ble Manoj Bajaj,J.
Rekha – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Manoj Bajaj, J.
1. Applicants-Accused are aggrieved against the order dated 14th September, 2007 passed by Additional Sessions Judge, Court No. 1, Lakhimpur Kheri in Sessions Trial No. 659 of 2004; titled State vs. Ram Narain alias Sukhdeo and others, arising out of Case Crime No. C-3 of 2001, under Sections 147, 302, 406 IPC, Police Station Gola, District Lakhimpur Kheri, whereby the trial court has summoned them as an additional accused by exercising jurisdiction under Section 319 Code of Criminal Procedure.
2. Briefly the facts of the case are that on the basis of a complaint by Kanshi Ram (PW-1), the above noticed Case Crime No. C-3 of 2001 was registered pursuant to the order passed by the Magistrate under Section 156(3) Code of Criminal Procedure, and as per allegations by complainant, his son Shyam Prakash left the house on 12th July, 2000 to visit his brother-in-law Rambilas Mishra. The complainant's son was wearing three gold rings, a chain, and was also carrying cash of Rs.1,55,000/- as well as a mobile phone. The complainant's son was residing with his second wife Rekha, who in order to grab his house at Lucknow was illegally occupying it. The complainant further
The court emphasized that under Section 319 Cr.P.C., summoning additional accused requires substantial evidence, not just a prima facie case, and must be exercised with caution.
The court ruled that the power under Section 319 Cr.P.C. should be exercised sparingly and requires substantial evidence beyond a prima facie case to summon additional accused.
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....
The court established that under Section 319 of the Cr.P.C., strong and cogent evidence is necessary to summon an additional accused, and mere witness testimony without corroboration is insufficient.
The power under Section 319 of Cr.P.C. is discretionary and should be exercised before the conclusion of the trial. The Court must find prima facie evidence against the proposed accused and follow th....
Summoning of additional accused to face trial – Test that has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an e....
The discretionary power under Section 319 Cr.P.C. is to be exercised only when credible material substantiates a prima facie case against additional accused.
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