By the aforesaid order, Criminal Revision Petition was filed by the respondent No.2 challenging the order dated 15.03.2017 whereby the application filed under Section 319 Cr.P.C.
Also Read: https://newslaw.in/case-type/criminal/legal-analysis-juvenile-justice-act-and-incarceration-period/
After the statement of the appellant (PW-6) was recorded, the complainant filed an application under Section 319 of the Cr.P.C.
In the absence thereof, the impugned order passed by the High Court deserves to be set aside and the order passed by the Trial Court, dismissing the application should be upheld.
He further submitted that the stage at which the application was filed by the complainant to summon the appellant as an additional accused, the trial was going to conclude as the entire evidence had been led.
The trial court had failed to exercise the jurisdiction vested in it.
Also Read: https://newslaw.in/case-type/criminal/consensual-relationship-and-misconception-of-consent/
The principles of law with reference to exercise of jurisdiction under 319 Cr.P.C. Only where strong and cogent evidence occurs against a person from the evidence laid before the court that such power should be exercised and not in a casual and cavalier manner. Thus we hold that though only a prima facie case is to be established from the evidence laid before the court, not necessarily tested on the anvil of cross-examination, it requires much strong evidence that near probability of his complicity.
case (supra), it does not go beyond suspicion.
Rajesh Sharma whose statement was got recorded by police under Section 164 of the Cr.P.C.
Also Read: https://newslaw.in/case-type/civil/moratorium-application-in-insolvency-case/
Without any material brought on record, the widow of the deceased merely stated that she is sure that the appellant had committed murder of her husband as there was no other enemy. One of the arguments raised by learned counsel appearing for the parties was that in the case in hand, the High Court instead of appreciating the material placed on record by the parties in the form of evidence to find out as to whether a case was made out for summoning of the appellant as an additional accused, remitted the matter back to the trial court for consideration afresh.
Case Title: VIKAS RATHI Vs. THE STATE OF UTTAR PRADESH (2023 INSC 186)
Case Number: Crl.A. No.-000644-000644 / 2023
