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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANOJ BAJAJ
Sandeep Kumar – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Manoj Bajaj, J.
1. Appellants have filed this appeal under Section 14-A(1) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to challenge the impugned order dated 28.07.2023 passed by the Additional Session Judge, Court No.15, Allahabad in Sessions Trial No. 164 of 2020, arising out of Case Crime No. 550 of 2020, under Sections 147, 148, 452, 323, 504, 506, 354-Kha I.P.C. and Section 3(2)(5)Ka Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Jhunsi, District Allahabad, whereby in exercise of power under Section 319 Cr.P.C., the appellants have been summoned as additional accused.
2. Briefly, the facts leading to the appeal are that on the basis of written complaint by Dharma Devi-opposite party no.2, the first information report bearing Case Crime No. 550 of 2020, (Annexure No.1), was registered, wherein it is alleged that complainant's father-in-law, namely, Bhawani Deen under the influence of liquor in a deceitful manner was made to execute a sale deed in favour of Sunil Kumar son of Bhalli Lal Yadav, and the ancestral property was transferred in favour of the purchaser without the consent of the others, w
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.
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.
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 court held that the power under Section 319 of the Cr.P.C. must be exercised sparingly and requires strong evidence against the accused, not merely suspicion.
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