JITENDRA NATH MISHRA versus STATE OF U.P. & ANR

JITENDRA NATH MISHRA versus STATE OF U.P. & ANR

On the facts the FIR and depositions of the complainant and his wife referred to assault by Dharmendra, his brother and an unknown person; the Special Court legitimately formed the requisite satisfaction under Section 319, CrPC to summon the appellant to face trial along with Dharmendra and the High Court correctly affirmed that order; therefore the appeal is dismissed.

Parties
Appellant: Jitendra Nath Mishra; Respondent: State of U.P. & Anr
Jurisdiction
India
Judgment Date
02 June 2023
Procedural Posture
Criminal Appeal / Appeal by Special Leave From High Court Judgment Dated 01.06.2022
Outcome
Appeal dismissed
Legal Topics
Section 319 Cr PC, Summoning Unarraigned Persons to Face Trial, Standard of Satisfaction for Exercising S.319, Delay in FIR, Evidentiary Contradictions
Criminal Procedure Criminal Law Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, 1989 Section 319 Cr PC Summoning Unarraigned Persons to Face Trial Standard of Satisfaction for Exercising S.319 Delay in FIR Evidentiary Contradictions

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Parties

Jitendra Nath Mishra

Appellant

State of U.P. & Anr

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From High Court Judgment Dated 01.06.2022

Legal Issues

  1. 1 Whether the evidence on record justified exercise of power under Section 319, CrPC to summon a person not named as accused in the FIR
  2. 2 What is the standard of satisfaction required before exercising Section 319, CrPC
  3. 3 Whether the High Court erred in affirming the Special Court's order summoning the appellant

Ratio Decidendi

On the facts the FIR and depositions of the complainant and his wife referred to assault by Dharmendra, his brother and an unknown person; the Special Court legitimately formed the requisite satisfaction under Section 319, CrPC to summon the appellant to face trial along with Dharmendra and the High Court correctly affirmed that order; therefore the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Order dated 16.10.2021 summoning the appellant under Section 319, CrPC to face trial affirmed
  • Appeal dismissed