The High Court dismissed an application seeking to summon additional accused under Section 319 Cr.P.C. finding no illegality in the lower court's order which rejected the application without considering victim evidence, deeming the action by learned Additional Sessions Judge-19th, Rohtas, proper.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26856 of 2023
Arising Out of PS. Case No.-24 Year-2018 Thana- SANJHOLI District- Rohtas
======================================================
Radheshyam Kumar Son Of Motichand Chaudhary Resident of village - Sanjhauli, P.S. - Sanjhauli, Distt. - Rohtas
... ... Petitioner/s
Versus
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Tiwary, Advocate For the State : Mr.Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
2 02-07-2024 Heard the parties.
Code of Criminal Procedure has been rejected without considering the evidence of the injured persons during trial.
Patna High Court CR. MISC. No.26856 of 2023(2) dt.02-07-2024 2/2
them charge-sheet was submitted against six persons and cognizance has been taken against five persons. The police had exonerated three persons and cognizance has not been taken against one person who was chargesheeted after the Magistrate found that there was no material to take cognizance against him.
(Sandeep Kumar, J)
P. Kumar
U T
2 issues framed by the court
Whether the impugned order rejecting the application under Section 319 Cr.P.C. was illegal.
Whether evidence of injured persons was duly considered by the Court below.
1 provisions across 1 enactments
Radheshyam Kumar Son Of Motichand Chaudhary
The State of Bihar
Dharamvir Kumar Son Of Ram Pravesh Singh
Munna Kumar Son Of Ram Pravesh Singh
Dharm Kumar Son Of Upendra Chaudhary
Ankit Kumar Son Of Satyendra Chaudhary
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
