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HIGH COURT OF JUDICATURE AT ALLAHABAD
CHAWAN PRAKASH
Man Singh – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. background facts of the case. (Para 2 , 3) |
| 2. submissions of the revisionist and opposition. (Para 4 , 5 , 6) |
| 3. details of f.i.r. and investigation findings. (Para 7 , 8) |
| 4. trial court's observations of witness statements. (Para 9 , 10) |
| 5. law on summoning additional accused under section 319 cr.p.c. (Para 12 , 13 , 14 , 15 , 16) |
| 6. assessment of trial court's reasoning. (Para 17 , 18) |
| 7. conclusion of the court on revision. (Para 19) |
JUDGMENT :
CHAWAN PRAKASH, J.
1. Heard Sri Phool Singh Yadav, learned counsel for the revisionist, learned A.G.A. for the State and Sri Dev Raj Singh, learned counsel for the opposite party nos. 2 to 4.
2. The present revision has been filed against the order dated 08.11.2024 passed by the learned Additional District & Sessions Judge/Fast Track Court, Court No. 1, Kaushambi, in S.T. No. 74 of 2020 (State Vs. Manoj Yadav), arising out of Case Crime No. 01 of 2020, under Sections 498A, 302 I.P.C. and Section 3 /4 Dowry Prohibition Act, Police Station Mohabbatpur Painsa, District Kaushambi whereby the application under Section 3 19 Cr.P.C. filed by the revisionist has been rejected.
3. The brief facts of the case are that marriage of the daug
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.
(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....
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....
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....
The court ruled that the trial court erred in taking cognizance against the petitioner without sufficient evidence, emphasizing the need for strong proof under Section 319 Cr.P.C.
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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