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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SUBHASH VIDYARTHI
Bilal Ahmad – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Home Lko. – Respondent
| Table of Content |
|---|
| 1. background of the case and charges. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments against summoning revisionists. (Para 9 , 10 , 13 , 15) |
| 3. trial court's rationale for summoning. (Para 11 , 12 , 14) |
| 4. supreme court's guidelines on section 319 cr.p.c. (Para 16 , 18 , 19 , 20) |
| 5. judicial review standards in revising judicial discretion. (Para 21 , 22 , 23) |
| 6. conclusion to dismiss the revision. (Para 24 , 25) |
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Heard Sri Arun Sinha, the learned counsel for the applicants, Sri Satyendra Srivastava, the learned A.G.A. for the State, Sri Adarsh Srivastava, the learned counsel for opposite party No.2 and perused the record.
2. By means of the instant Revision filed under Section 397 /401 Cr.P.C., the revisionists have challenged the validity of an order dated 23.10.2024 passed by the learned Additional Session Judge, Court No.1, Sultanpur in Session Trial No.210 of 2022 whereby an application filed by the opposite party No.2 under Section 319 Cr.P.C. summoning the revisionists and another person Ritesh Rana to face trial in respect of Case Crime No.305 of 2020 under Section 302 /149, 307/149, 323/149, 504, 506 I.P.C. and Section 7 of Crimin
The trial court must find prima facie evidence to summon accused under Section 319 Cr.P.C., not merely act on possibilities; significant discretion and evidentiary standards apply.
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. 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 confirmed that prima facie evidence is sufficient for summoning additional accused under Section 319 CrPC, even if not tested in cross-examination.
Point of law: Suicide - Summoning of the revisionist - Neither the chief-examination nor the cross-examination of the witness was recorded by the learned trial court, so only on the basis of query by....
Criminal Procedure requires strong evidence for summoning additional accused; mere witness statements may not suffice, particularly in light of delays in FIR.
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.
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