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HIGH COURT OF JUDICATURE AT ALLAHABAD
KSHITIJ SHAILENDRA
Hamid – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. revision under crpc challenging summoning order. (Para 2 , 4) |
| 2. reassessment of evidence required for summoning. (Para 8 , 14) |
| 3. arguments for applicants challenge haste in order issuance. (Para 11 , 12) |
| 4. supreme court's dismissal clarified non-opinion on merits. (Para 19 , 23) |
| 5. revision allowed; fresh order required from sessions court. (Para 33 , 34) |
JUDGMENT :
HON’BLE KSHITIJ SHAILENDRA, J.
1. Heard Shri Vimlendu Tripathi, learned counsel assisted by Shri Gaurav Kumar Srivastava and Shri Satya Prakash Rai, Advocates appearing for the applicants in revision, Shri Rajesh Kumar Rao, learned A.G.A. for the State and Shri Sushil Dubey, learned counsel appearing for opposite party No. 2.
2. The present revision under Section 397 /401 CrPC has been filed by three persons challenging the order dated 17.08.2024 whereby an application 133-Kha filed by opposite party no. 2 under Section 319 CrPC has been allowed by the Sessions Court and the applicants have been summoned to face trial under Sections 147 , 148, 149, 302, 307, 352, 504 IPC in S.T. No. 574 of 2020 ( State Vs. Abubakar and others ) arising out of Case Crime No. 126 of 2020, Police Station Mundali, District Mee
The power to summon under Section 319 CrPC requires clear prima facie evidence, considering witness credibility, and must comply with previous judicial directives without undue haste.
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 High Court's revisional order allowing summoning of additional accused under Section 319 relates back to the original rejection date, permitting a fresh trial despite the main trial's conclusion.
(1) Powers under Section 319 Cr.P.C. can be exercised at any stage before final conclusion of trial.(2) On the basis of examination-in-chief of a witness if a case is made out, a person can be summon....
The court clarified that under Section 319 Cr.P.C., a prima facie case is sufficient for summoning additional accused, emphasizing that evidence merits are to be assessed during the trial.
The power under Section 319 Cr.P.C is discretionary and should be exercised sparingly, only when strong and cogent evidence occurs against a person from the evidence led before the court.
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, ....
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....
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