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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
BRIJ RAJ SINGH
Sanehi @ Ram Sanehi – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Brij Raj Singh, J.
1. Sri Nadeem Murtaza, learned counsel for the private opposite parties, has filed objection to the supplementary affidavit filed on behalf of the petitioner, which is taken on record.
2. Heard Sri Raj Kr. Singh Suryvanshi, learned counsel for the applicant and Sri Nadeem Murtaza, learned counsel for the private opposite parties, and perused the record.
3. By means of this application, the applicant has prayed for the following main prayer:-
"Hon'ble Court may kindly be pleased to set aside/quash the order dated 13.04.2018 passed by the Additional District Judge/Special Judge (Essential Commodities Act), Room No. 2, Barabanki, in Criminal Revision no. 128 of 2017 (Drig Pal Singh v. State of U.P. and ors.), arising out of Complaint Case No. 191/2016 (Ram Sanehi v. Drig Pal Singh and ors.), bearing Case Crime No. 451-A/2008, under Sections 147, 148, 149, 302, 504, I.P.C., Police Station Tikait Nagar, District Barabanki, contained as Annexure No. 1 to the application."
4. Brief facts of the case are that the applicant had lodged F.I.R. against the opposite party No. 2 and ors., which was registered at Case Crime No. 451-A/2008, under Sections 147, 148, 149, 302
Non-examination of all witnesses does not invalidate summons if sufficient evidence supports the charges; proceedings against deceased individuals are abated.
The mandatory requirement of recording evidence under Section 200 and 202 Cr.P.C. before summoning the accused and the limited nature of the inquiry under Section 202.
The accused has the right to present defense witnesses in a trial, and the trial court must issue summons unless there are valid grounds for refusal, ensuring that fair trial rights are upheld.
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 issuance of process in serious criminal offenses must not be mechanical; proper evaluation of evidence and roles of each accused is essential for establishing a prima facie case.
The court emphasized that the issuance of process against accused must be based on a proper assessment of evidence, ensuring that legal proceedings are not misused by summoning accused individuals wi....
At the stage of summoning, the Magistrate is not required to consider the defense version or evaluate the merits of the materials or evidence of the complainant.
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