Dismissed¶¶14

Janki Prasad and 3 Others v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Allahabad HC8 Jan 2024/1444/2023

Case brief

AI extract

What is this about?

Keywords: Section 319 Cr.P.C. summoning of additional accused; Section 482 Cr.P.C. quashing; Section 302 I.P.C.; Hardeep Singh v. State of Punjab (2014) 3 SCC 92; Sessions Trial No. 24 of 2020; P.S. Khargupur, District Gonda; Special Judge (Gangster Act), Gonda; informant PW-1 statement; no illegality in summoning order; application dismissed. Neutral Citation: 2024:AHC-LKO:1849; Order Date: 8.1.2024; Subhash Vidyarthi, J., High Court of Judicature at Allahabad, Lucknow Bench.

What did the court decide?

The trial court exercised its power under Section 319 Cr.P.C. after being satisfied, on the basis of the statement of PW-1, that a case for summoning the applicant was made out; there appears to be no illegality in the impugned order dated 17.01.2023. ¶¶14

Janki Prasad and 3 Others Vs State of U.P… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:1849

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 1444 of 2023

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Applicant :- Janki Prasad And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. And Another

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Counsel for Applicant :- Prem Kumar Singh,Amar Singh,Ram Prasad Dwivedi

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Counsel for Opposite Party :- G.A.,Abhishek,Utkarsh Misra

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Hon'ble Subhash Vidyarthi,J.

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1. Heard Sri Amar Singh, the learned counsel for the applicants, Sri Anurag Verma, the learned A.G.A.-I appearing on behalf of the State and Sri Abhishek, the learned counsel for the opposite party no.2.

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2. By means of the instant application filed under Section 482 Cr.P.C. the applicants have sought quashing of the impugned order dated 17.01.2023, passed by the learned Additional Sessions Judge, Court No.5/Special Judge, Gangster Act, Gonda in Sessions Trial No.24 of 2020 summoning the applicant to face the trial for commission of offence under Section 302 I.P.C registered at Police Station Khargupur, District Gonda on an application under Section 319 Cr.P.C. filed by the opposite party no.2.

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3. In the impugned order the learned trial court has recorded that in the statement of the PW-1-the informant of the case, he has stated that his mother died because of the assaults made by the accused persons.

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4. The learned counsel for the applicants has submitted that all the other witnesses have stated that the informant's mother died

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due to an accident.

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5. Placing reliance on the judgment of Hon'ble Supreme Court in the case of Hardeep Singh Vs. State of Punjab: (2014) 3 SCC 92 , the learned counsel for the applicants has submitted that the power under Section 319 Cr.P.C. is a discretionary and an extra- ordinary power. It is to be exercised sparingly and only in those cases where the circumstances of the case so warrant. It is not to be exercised because the Magistrate or the Sessions Judge is of the opinion that some other person may also be guilty of committing that offence. Only where strong and cogent evidence occurs against a person from the evidence led before the court that such power should be exercised and not in a casual and cavalier manner.

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6. The perusal of the impugned order shows that the learned trial court has exercised its power under Section 319 Cr.P.C. after being satisfied that a case for summoning of the applicant is made out on the basis of statement of PW-1. There appears to be no illegality in the impugned order dated 17.01.2023. The application lacks merit and the same is accordingly dismissed .

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(Subhash Vidyarthi, J.)

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Order Date :- 8.1.2024 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Janki Prasad and 3 Others v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Janki Prasad and 3 Others v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Case brief

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What did the court decide?

What the court decided

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