Surendra Prasad vs Union of India through C.B.I.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(Online)(Jhk) 10

HIGH COURT OF JHARKHAND - PRINCIPAL BENCH JHARKHAND
ANUBHA RAWAT CHOUDHARY, J
Surendra Prasad – Appellant
Versus
Union of India through C.B.I. – Respondent

Advocates:
For the Appellants/Petitioners: Mr. Sachin Kumar
For the Respondents: Ms. Nitu Sinha

Table of Content
1. petition to summon an accused in a criminal case. (Para 3 , 4 , 12)
2. arguments for and against summoning the accused. (Para 6 , 8 , 10)
3. citations clarifying requirements for section 319. (Para 17 , 19)
4. final ruling regarding the dismissal of the revision. (Para 20 , 21 , 22)

1. Heard Mr. Sachin Kumar, the learned counsel appearing on behalf of the petitioner.

2. Heard Ms. Nitu Sinha, the learned counsel appearing on behalf of the Opposite Parties.

3. The petitioner has filed this criminal revision application with a prayer to quash and cancel the order dated 23.03.2019 passed by Diwakar Pandey, Learned Additional Judicial Commissioner-XVIII-cum-Special Judge, Ranchi, in Misc. Criminal Application No. 391/18 arising out of R.C. 15A/2009 (R) whereby and whereunder the petition filed by the present petitioner under Section 319 of the Criminal Procedure Code with a prayer to summon Laxman Ram (opposite party no. 2), the then Executive Engineer has been rejected .

4. It is submitted that pursuant to the order dated 30.06.2009 passed by this Hon’ble Court in Writ Petition (PIL) No.803/2009, a preliminary enquiry being PE 03(A)/09(R) was conducted and thereafter, the C

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2020 Supreme(Online)(Jhk) 10

HIGH COURT OF JHARKHAND - PRINCIPAL BENCH JHARKHANDANUBHA RAWAT CHOUDHARY, JSurendra Prasad – AppellantVersusUnion of India through C.B.I. – Respondent

Cases Referred (1)

HIGH COURT OF JHARKHAND - PRINCIPAL BENCH JHARKHAND
ANUBHA RAWAT CHOUDHARY, J
Surendra Prasad – Appellant
Versus
Union of India through C.B.I. – Respondent