Object Of Engrafting Section 319 CrPC Is To Not Allow A Person Who Deserves To Be Tried To Go Scot-Free: Allahabad High Court
Live LawExplaining the scope and power of the court under Section 319 CrPC, the Allahabad High Court recently observed that this provision allows the court to summon those persons who are not named in the charge sheet to appear and face trial.The Bench of Justice Vikas Budhwar observed that the very object of engrafting section 319 Cr.P.C. Explaining the scope and power of the court under Section 319 CrPC, the Allahabad High Court recently observed that this provision allows the court to summon those persons who are not named in the charge sheet to appear and face trial. Essentially, the Bench was dealing with a revision plea filed by one Rameshwar and another challenging an order of the Court of Sessions Judge, Mahoba summoning the accused under section 319 crpc in connection with an offence of culpable homicide not amounting to murder The revisionists submitted that the entire exercise to summon them was illegal, as revisionists have not committed the offence and there was no occasion/prima facie case to issue the summons to face trial. On the other hand, defending the order of the trial court, the A.G.A argued that from the narration of the allegation contained in the FIR vis-a-vis, the statement of PWs, the name of the revisionists have been pin pointed and further there was sufficient evidence on record to exercise power under Section 319 CrPC.
History of this topic
Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC
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Section 319 CrPC Power Is To Be Exercised Only If Strong & Cogent Evidence Occurs Against A Person : Supreme Court
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To Invoke Section 319 CrPC, More Than A Prima Facie Case As Exercised At Charge-Framing Stage Needed : Supreme Court
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Understanding The Complexity Of Section 319 Of CrPC
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