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G. S. AHLUWALIA
Parimal Singh Gurjar – Appellant
Versus
State of M. P. – Respondent
ORDER
1. This application, under section 482 of the CrPC, has been filed against the order dated 24.6.2024 passed by Third Additional Sessions Judge, Morena in S.T. No. 315 of 2023, by which application filed by the applicant under section 193 of the Cr.P.C has been rejected.
2. It is submitted by counsel for applicant that complainant Ramvilas Gurjar lodged an FIR that on 1.6.2021, at about 4:00 a.m., he was going from Morena to Vindwa on his Motorcycle along with applicant Parmal. Dharmendra Singh Kansana was also going by his separate motorcycle. As soon as they reached in front of farmhouse of Hakim Baghel situated at Piparsa Station Road, they saw that Badshah, Rakesh, Rahul, and Lalla alias Janavar were standing along with Lathi in their hand. On account of old enmity, all the four persons started abusing them with filthy language in the name of mother and sister. When applicant objected to it, then Badshah fired a gunshot which hit on the back side of waist of Parmal/applicant, as a result he fell down. Rakesh fired a gunshot which also caused injury on the back side of the waist of Dharmendra and he also fell down. All the four persons ran away after leaving their Scooty on t
Cognizance of offence – Where magistrate had played active role by considering as to whether cognizance against persons who have not been charge-sheeted by police can be taken or not, then Sessions C....
The Magistrate's discretion to take cognizance is not bound by the investigating officer's opinion, and the plea of alibi must be proven at trial, not at the cognizance stage.
The court ruled that strong evidence is required to summon additional accused under Section 319 Cr.P.C., emphasizing the need for consistency in the complainant's statements.
The discretionary and extraordinary nature of the power under section 319 of Cr.P.C., the requirement for strong and cogent evidence against a person, and the need for sufficient material to summon a....
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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