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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Chawan Prakash,J.
Aditya And Another – Appellant
Versus
State of U.P. and Another – Respondent
| Table of Content |
|---|
| 1. filing of fir and alterations in charges. (Para 2) |
| 2. arguments of revisionists and state on summons. (Para 3 , 4) |
| 3. court’s analysis of section 319 cr.p.c. (Para 5 , 6 , 8 , 10) |
| 4. evidence requirement for summoning under section 319. (Para 7 , 9 , 11 , 12) |
| 5. order set aside and matter remitted. (Para 14 , 15 , 16) |
JUDGMENT :
CHAWAN PRAKASH, J.
1. Heard Shri Surendra Singh, learned counsel for the revisionists, Shri Sanjay Mishra, learned counsel for opposite party No.2 and learned A.G.A for the State.
2. The present revision has been filed challenging the order dated 01.09.2021 passed by learned Additional District and Sessions Judge/ Fast Track Court No.2, Etawah in Session Trial No. 310 of 2021 ( State v. Ajay and others ) arising out of Case Crime No. 385 of 2019 under Sections 147, 148, 323, 304, 352, 336, 504, 506 IPC Police Station Jaswant Nagar District Etawah.
3. It is submitted by learned counsel for the revisionists that FIR as Case Crime No. 385 of 2019 under Sections 147, 148, 323, 336, 452, 504, 506, 352, 307 IPC Police Station Jaswant Nagar District Etawa was lodged against ten persons including the present revisionists. After the death of injured Sect
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.
Criminal Procedure requires strong evidence for summoning additional accused; mere witness statements may not suffice, particularly in light of delays in FIR.
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 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 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....
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