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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Ram Manohar Narayan Mishra
Bharat Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Ram Manohar Narayan Mishra, J.
1. Instant Criminal Revision has been preferred against the impugned Judgment and order dated 17.01.2024 passed by learned Additional Session Judge, Court No.7, Moradabad in Session Trial No.02 of 2010, whereby revisionist has been summoned under Section 319 Cr.P.C. as well as subsequent order dated 29.01.2024 passed by the learned Additional District and Session Judge, Court No.7, Moradabad in Session Trial No.37 of 2010 arising out of Case Crime No.329 of 2009 under Section 302/34 IPC, Police Station Thakurdwara, District Moradabad.
2. Heard learned counsel for the revisionist and learned A.G.A. for the State-respondent and perused the material on record.
3. The brief facts of the case are that FIR was lodged on the basis of information received by village watchman Ram Prasad vide GD Report No.20 Time 17:25 hours dated 22.04.2009 at PS. Thakurdwara, District Moradabad to the effect that village watchman informed to the police station that dead body of unknown person is lying in the vacant wheat field of Jai Prakash son of Radhey Shyam of his village. The SHO concerned moved into action on this information; he visited the place of incident alo
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 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 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 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....
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....
The court emphasized the importance of strong and cogent evidence for invoking the provisions of Section 319 Cr.P.C. and held that the application under Section 319 Cr.P.C. was maintainable and enter....
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, ....
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