Summoning a person by the trial court in a criminal case under section 319 of Cr.P.C.:
i. Its extraordinary jurisdiction, hence it should not be excised in routine manner;
ii. the degree of satisfaction of the trial court is more than prima fecie which is exercised at the time of taking cognizance; and
iii. The word Evidence used in section 319 of Cr.PC is to be consider in broad sense which includes the evidence recorded in court and also collected during investigation. The Court has to examined the entire materials whether it is in favour or against the accused persons.
The law has been laid down by the Hon`ble Supreme Court in case of Hardeep Singh and Pramod Kumari @ Prema devi. Hence, the jurisdiction of Section 319 should be exercised in exceptional case.
i. Its extraordinary jurisdiction, hence it should not be excised in routine manner;
ii. the degree of satisfaction of the trial court is more than prima fecie which is exercised at the time of taking cognizance; and
iii. The word Evidence used in section 319 of Cr.PC is to be consider in broad sense which includes the evidence recorded in court and also collected during investigation. The Court has to examined the entire materials whether it is in favour or against the accused persons.
The law has been laid down by the Hon`ble Supreme Court in case of Hardeep Singh and Pramod Kumari @ Prema devi. Hence, the jurisdiction of Section 319 should be exercised in exceptional case.
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