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SANJAY DWIVEDI
Mrigendra Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
Sanjay Dwivedi, J. - These petitions have been filed by the applicant/petitioners under Sections 401 and 482 of the Code of Criminal Procedure asking for quashing of order dated 26.11.2013 whereby the trial Court exercising the power provided under Section 319/193 of CrPC decided the application directing that the name of present applicant/petitioners be included in the array of accused persons and also directed that arrest warrant be issued against them for securing their presence before the Court.
2. The said order is being assailed by the present applicant/petitioners mainly on the ground that from the impugned order itself, it reveals that the trial Court has relied upon the statements of PW-1, PW-4, PW-6 and PW-7, namely, Ramrati, Raj Kumar Shukla, Ganesh Prasad Shukla and Kamlesh Prasad Shukla respectively, in which, they have taken the name of present applicant/petitioners and observed that as per their statement, the present applicant/petitioners should be made accused and as such, directed that they be arrested and produced before the Court so as to conduct a trial against them in relation to the offence registered vide Crime No.373/2003 under Sections 307/376 (2A)/436
The central legal point established in the judgment is the sparing exercise of power under Section 319 of Cr.P.C., emphasizing the need for evidence and the guidelines to be followed by the court whi....
The discretionary nature of Section 319 Cr.P.C., the requirement of stronger evidence than mere probability of complicity, and the court's active role in eliciting necessary materials and finding the....
Section 319 CrPC invocation requires strong cogent evidence where, if unrebutted, conviction likely; prior omissions in complaint and eye-witness statements vitiate reliance on later examination-in-c....
The court clarified that under Section 319 Cr.P.C., a prima facie case is sufficient for summoning additional accused, emphasizing that evidence merits are to be assessed during the trial.
(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 power under Section 319 Cr.P.C is discretionary and should be exercised sparingly, only when strong and cogent evidence occurs against a person from the evidence led before the court.
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