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SANJAY DWIVEDI
Yash Vardhan Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
Sanjay Dwivedi, J. - Shri K.C. Ghildiyal, learned senior counsel appearing for the petitioner at the very inception has submitted that he is not pursuing this petition in respect of petitioner No.2, namely, Tejbhan Singh @ Teja Patel and as such, he seeks withdrawal of this petition in his respect.
2. Accordingly, this petition is dismissed as withdrawn in respect of petitioner No.2 Tejbhan Singh @ Teja Patel.
3. This petition is filed under Section 482 of the Code of Criminal Procedure asking for quashing of order dated 26.11.2013 passed by trial Court whereby the Court exercising the power provided under Section 319/193 of Cr.P.C. decided the application directing the present petitioner i.e. Yash Vardhan Singh to be included in the array of accused persons and also directed that the arrest warrant be issued for securing his presence before the Court.
4. The said order is being assailed by the present petitioner 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 take
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 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.
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.
The power under Section 319 of Cr.P.C. is discretionary and should be exercised before the conclusion of the trial. The Court must find prima facie evidence against the proposed accused and follow th....
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.
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