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HIGH COURT OF JUDICATURE AT ALLAHABAD
ABDUL SHAHID
Surendra Kumar Sharma – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
ABDUL SHAHID, J.
1. Heard Sri Manish Tiwari, learned Senior Counsel assisted by Sri Hitesh Pachori, learned counsel for the revisionists and Sri K.K. Dwivedi, learned counsel for the opposite party no.2, who has filed his vakalatnama. The same is taken on record.
2. The instant criminal revision has been preferred being aggrieved by the impugned order dated 31.10.2025, passed by the learned Additional Sessions Judge, Court No. 17, Agra (State Vs. Jitendra Gond), in Session Trial No. 2243 of 2023, relating to Case Crime No. 96 of 2022, under Section 306, 498A, 323 IPC, Police Station Nai Ki Mandi, District Agra, whereby the application under Section 319 Cr.P.C. has been allowed and the revisionists have been summoned to face trial under section 306 IPC.
3. The brief facts of the case is that the informant/opposite party no.2 has lodged the FIR stating that the marriage of his daughter-Prachi was took place on 29.1.2015 with Jitendra Gaur son of Surendra Kumar Sharma, wherein he had given dowry and articles more than his capacity. It is alleged that husband-Jitendra Gaur and his father and step mother-in-law Pushplata Sharma were not happy with the dowry given in the marriage
Vague and general allegations without specific evidence against accused fail to sustain prosecution under IPC for dowry-related offenses.
Dowry Death - Power to proceed against other persons appearing to be guilty of offence - It is true that summoning of an accused under Section 319 Cr.P.C. cannot be resorted to in a cavalier or casua....
(1) While invoking power under Section 319 Cr.P.C. trial court should consider statements of witnesses adduced before it and it should not place reliance upon material available in charge-sheet or ca....
The court reiterated the application of Section 319 Cr.P.C. must rely on evidence recorded during trial, requiring more than a prima facie case for summoning additional accused.
Power to proceed against other persons appearing to be guilty of offence - When strong and cogent evidence comes against a person before the Court and such power should not be exercised in a casual a....
The powers under Section 319 CrPC are discretionary and extraordinary, to be exercised sparingly and not in a casual and cavalier manner for summoning a person as an additional accused. There must be....
Section 319 Cr.P.C is an enabling provision empowering Court to take appropriate steps for proceeding against any person(s) not being an accused at any stage during trial i.e., before conclusion of t....
The court affirmed that the power under Section 319 Cr.P.C. must be exercised before the conclusion of trial and sentencing, allowing for the summoning of additional accused based on evidence.
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