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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
NALIN KUMAR SRIVASTAVA
Chandra Shekhar Tiwari – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
NALIN KUMAR SRIVASTAVA, J.
1. This criminal revision is directed against the order dated 28.5.2025 passed by the learned Sessions Judge, Jhansi in S.T. No. 960 of 2022 ( State Vs. Sunil Tiwari and others ) arising out of Case Crime No. 85 of 2022 under sections 147, 302, 201 IPC, Police Station Punchha, District Jhansi whereby the Application 33-B under section 319 Cr.P.C. moved by the prosecution was allowed and the revisionists were summoned to face trial for the said offences.
2. Heard Shri Ramanuj Yadav, learned counsel for the revisionists, Sri Phool Singh Yadav, learned counsel for the opposite party no.2 and Shri Akhilesh Kumar Mishra, learned A.G.A. for the State.
3. The brief facts of the case, as unfolded in the F.I.R., are as follows :
On 9.5.2022 at about 9.00 p.m. Dipendra Yadav @ Deepu, brother of the informant, had gone to attend the marriage ceremony of Lokendra Singh Yadav's nephew to village Madora Khurd and a quarrel started there between Lokendra Singh Yadav, Amit Tiwari, Anuj and Deepu and thereafter, Chandra Shekhar Tiwari, Lokendra Singh Yadav, Amit Tiwari, Anuj Pandey, Sanchit Yadav, Sunil Tiwari tied his brother to a pillar of Chandra Shekhar Tiwari's
The court confirmed that prima facie evidence is sufficient for summoning additional accused under Section 319 CrPC, even if not tested in cross-examination.
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....
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....
The discretionary and extraordinary nature of the power under Section 319 Cr.P.C., requiring strong and cogent evidence to summon accused persons not named in the charge-sheet.
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