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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ABDUL SHAHID
Ayush Sharma Alias Anshu – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
ABDUL SHAHID, J.
1. Heard Sri Amit Daga, learned Senior Counsel assisted by Sri Harish Kumar, learned counsel appearing for the revisionists and the learned AGA for the State.
2. The present criminal revision has been preferred against the impugned order dated 17.12.2025, passed by the learned Additional Sessions Judge, Bijnor in Criminal Revision No. 158 of 2025 (CNR No. UPBJ010049982025) ' Mahendra Tyagi Vs. State of U.P. and others ', arising out of Criminal Case No. 8563 of 2021 relating to case crime No. 564 of 2020, under Section 147, 323, 504, 506 IPC, Police Station Seohara, District Bijnor, whereby the revision preferred by the opposite party no.2/informant has been allowed and order dated 6.2.2025 passed by the learned Civil Judge (Junior Division) (FTC-1)/Judicial Magistrate, Court No.1, Bijnore in Criminal Case No. 8563 of 2021 (State Vs. Ashish Maheshwari and others) dismissing the application under Section 319 Cr.P.C. moved by the opposite party no.2 has been set aside.
3. The genesis of the present case is that an application under Section 319 Cr.P.C. has been filed before the Civil Judge (Junior Division) (FTC-1)/Judicial Magistrate, Court No.1, Bijnor in Cri
Electronic evidence inadmissible under Section 319 CrPC without Section 65B certificate; summoning based solely on trial-recorded admissible evidence showing prima facie conviction case if unrebutted....
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....
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 ....
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 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....
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 main legal point established in the judgment is the requirement for strong and cogent evidence to exercise the power under Section 319 CrPC.
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