Back
SHARAD KUMAR SHARMA
Mahant Ramdas Ji – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
(Sharad Kumar Sharma, J.)
1. The present applicants in the C482 Applications have put a challenge to the order of 14.01.2016, which was passed by the Court of Additional Chief Judicial Magistrate, Haridwar, in Criminal Case No.6456 of 2011, State vs. Manmohan Das and Others, whereby, the learned Trial Court had allowed the application under Section 319 of Cr.P.C. and had summoned the applicants for being cross examined for the offences under Sections 323 and 504 of IPC. The judgment of allowing the application under Section 319 Cr.P.C. was put to challenge in a Criminal Revision No.36 of 2016, the same too has been dismissed by the judgment of 16.08.2019, which is under challenge in C482 No.2831 of 2019.
2. In connected to C482 No.403 of 2020, the challenge which has been given is yet again, is to the order of 14.01.2016 passed by the Court of Additional Chief Judicial Magistrate, Haridwar in Criminal Case No.6456 of 2011, State vs. Manmohan Das and Others, whereby, the Court has allowed the application under Section 319 Cr.P.C. and the applicant has been thereby summoned and the said order of the learned Trial Court has been affirmed in Criminal Revision No.36 of 2016.
3. T
The court emphasized the necessity to summon a person and the strict application of the provision in cases where the person is not found to be instrumental in the commission of an offence at the stag....
(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 emphasized the need to ensure that the actual perpetrators of the crime are correctly booked and that the innocents are not arraigned to stand trial, and held that the conclusion of trial a....
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 importance of providing reasons and subjective satisfaction in any court order, as it forms the backbone of the order and ensures the principles of natural justice are upheld.
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....
(1) Summoning of additional accused to face trial – Power exercised under Section 190 of Cr.P.C. is quite distinct from power exercised by Trial Court/Sessions Court under Section 319 of Cr.P.C. – Po....
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. ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
