In an important decision, the Allahabad High Court quashed the order of the trial court in which Ram Narayan, Ram Daroga and others were summoned as accused in the 15 -year -old case under Section 319 of CRPC. The single bench of Justice Sameer Jain pronounced this decision, in which the court said that summoning the accused under Section 319 of CRPC is the extraordinary power of the trial court, but it should be used carefully and based on concrete evidence.

Yachi filed a revision petition before the court in this case.

What is the whole matter?

The case is related to the incident of Chandauli district on 12 November 2010, whose FIR was registered on 12 February 2011 on 12 February 2011 on the orders of the magistrate. The involvement of the petitioners in the police investigation was found to be false, and their names were not included in the charge sheet. However, on the basis of the statements of the victim side during the trial, the trial court summoned the petitioners as accused on 30 October 2023.

High Court decision

The petitioners filed a revision petition in the Allahabad High Court against this order of the trial court. During the hearing, the High Court found that there was a lot of delay in filing an FIR in the delay in the FIR, which raises doubts. Questions are raised on the quality of the statements of the villages, which were ignored by the trial court. The trial court used extraordinary power without adequate evidence.

Trial court order canceled

The High Court, accepting the revision petition of the petitioners, quashed the trial court’s order of 30 October 2023. The court clarified that to summon the accused under Section 319, it is necessary to have sufficient force in the testimony, and this power cannot be used blindly. Yachi has breathed a sigh of relief from this decision.