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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
DEVENDRA SINGH-I
Satyaprakash Rai Alias Dablu Rai – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
DEVENDRA SINGH-I, J.
1. Heard Sri Ashish Gupta, learned counsel for the revisionists, Sri Amrendra Nath Rai, learned counsel for the opposite party no.2 and learned Additional Government Advocate, for the State-opposite party.
2. The present criminal revision has been filed against the order dated 21.04.2025 passed by the Additional Sessions Judge/Special Judge, E.C. Act, Azamgarh in S.T. No.196 of 2016 ( State vs. Vedprakash Rai @ Mahanth Rai ), under Section 302 IPC , Police Station- Gambhirpur, District-Azamgarh, whereby the revisionist has been summoned by the trial court in exercise of powers under Section 319 of the Code of Criminal Procedure, 1973.
3. Learned counsel for the revisionists has sought to assail the order passed by the trial court by referring to the factual aspects of the case to contend that the revisionists have been falsely implicated in the criminal case. He has submitted that the jurisdiction under Section 319 of the Code is to be exercised in an extra-ordinary situation where there is a strong possibility of the conviction of the accused, who is proposed to be summoned, and the powers are not to be exercised in a routine manner. It is further poi
The court may summon non-accused individuals under Section 319 of the Code of Criminal Procedure if evidence indicates complicity, ensuring that real perpetrators are not unpunished.
Point of law : Power to proceed under Section 319 has also been held to be exerciseable in respect of persons though named in the FIR but not charge sheeted provided the court is satisfied that the c....
Power under Section 319 of the Code to summon even those persons who are not named in the charge-sheet to appear and face trial, being unquestionable and the object of the provision being not to allo....
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....
For invoking power under Section 319 Cr.P.C. inter alia includes the principle that only when strong and cogent evidence occurs against a person from the evidence the power under Section 319 Cr.P.C. ....
Court under revisional jurisdiction cannot substitute its own views particularly when there was ample evidence available on record before the court below in exercising the jurisdiction as conferred u....
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.
Court in exercise of the revisional jurisdiction cannot embark upon the inquiry with regard to facts of the case, particularly when the courts below had applied its mind and taken a view, which does ....
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....
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