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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAMEER JAIN
Ramnarayan Ram Daroga – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. details of fir and incident. (Para 3 , 4) |
| 2. arguments concerning the trial court's summoning. (Para 5 , 6 , 7) |
| 3. opposing arguments supporting trial court's summoning. (Para 11 , 12 , 15) |
| 4. legal framework on section 319 cr.p.c. summoned. (Para 19 , 22 , 23 , 24) |
| 5. conclusion and outcome of the revision. (Para 29 , 30) |
JUDGMENT :
SAMEER JAIN, J.
1. Heard Sri Byas Kumar Prasad, learned counsel for the revisionists, Sri Pradeep Kumar, learned A.G.A. for the State-respondent and Sri Sukhendu Pal Singh, learned counsel for the opposite party no.2.
2. The instant criminal revision has been filed by the revisionists to set-aside the impugned order dated 30.10.2023 passed by Chief Judicial Magistrate, Chandauli in Criminal Case No.1697 of 2011 (State vs. Mithai Lal) arising out of Case Crime No.48 of 2011 by which they have been summoned to face trial under Sections 147, 148, 149, 323, 504, 506, 427 I.P.C., Police Station Mughal Sarai, District Chandauli.
Brief facts of the case:-
3. FIR of the present case was lodged on 12.02.2011 against revisionists and six others with regard to the incident dated 12.11.2010 for offences under Sections 147, 148, 149, 323, 325, 504, 506, 39
Criminal Procedure requires strong evidence for summoning additional accused; mere witness statements may not suffice, particularly in light of delays in FIR.
The trial court can summon additional accused under Section 319 Cr.P.C. only if there is more than a mere prima facie case supported by evidence.
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 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 invocation of Section 319 Cr.P.C. does not require a prior opportunity for the summoned person to be heard, provided there is sufficient evidence against them during th....
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