Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 section 319 casual and cavalier manner |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – s.319 – Summons purporting to invoke power u/s.319 CrPC – Challenge to – Murder – Deposition of second respondent that her husband (deceased) was murdered by his employer (the appellant) with the help of his friends – Deceased was the driver of appellant – Application on behalf of prosecution invoking s.319 CrPC – Sessions Judge held that power u/s.319 CrPC has to be invoked and ordered to summon the appellant – Order upheld by High Court – Held: The statement of law as regards the standards fixed for invoking power u/s.319 CrPC is contained in paragraphs 105 and 106 of the Constitution Bench decision of Supreme Court in Hardeep Singh case – The test as laid down in Hardeep Singh case for invoking power u/s.319 CrPC inter alia includes the principle that only when strong and cogent evidence occurs against a person from the evidence, the power u/s.319 Cr.P.C. should be exercised – The power cannot be exercised in a casual and cavalier manner – The test to be applied is one which is more than prima facie case which is applied at the time of framing of charges – It will all depend upon the evidence which is tendered in a given case as to whether there is a strong ground within the meaning of paragraph 105 of Hardeep Singh case – Order of the Sessions Judge issuing summons, set aside – Sessions Judge to re-consider the matter in light of the principles enunciated in Hardeep Singh case. |
Judge | Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2021 INSC 470 |
Petitioner | Ramesh Chandra Srivastava |
Respondent | The State Of U. P. & Anr. |
SCR | [2021] 6 S.C.R. 219 |
Judgement Date | 2021-09-13 |
Case Number | 990 |
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