which is more than prima facie case as exercised at the time of framing of charge-SC
January 29, 2021
An application under Section 319 Cr.P.C. was filed by the informant praying that appellant be also summoned in the case. An appeal has been filed against the dismissal of a Criminal Revision by Arun Kumar and Chandra Pal in the High Court against the order dated 17.08.2019 of the Additional Session Judge summoning them. The High Court took the view that the Revision was filed on 23.09.2019 but the order passed by the Court on 18.03.2019 has not been brought on record, hence there is concealment of not placing the order on record, the Revision is to be dismissed. Aggrieved by the order of the High Court dated 27.09.2019, this appeal has been filed. Supreme court held that the High Court did not examine the correctness of an order dated by which the appellants were summoned by Additional District Judge under Section 319 Cr.P.C. rather has dismissed the Criminal Revision on basis of a subsequent fact i.e. order dated 18.09.2019. Appeal Allowed.
AJAY KUMAR @ BITTU & ANR.
VERSUS
STATE OF UTTARAKHAND & ANR.
