Happy Alias Hitesh v. State Of Haryana And Another
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,,2/ < "In the present case, though there is specific mention of name of Happy @ Hitesh in the complaint Ex. PW1/A and in the FIR, yet, in the investigation Happy @ Hitesh was found innocent by the police. Even when complainant Monika deposed before the Court on oath as PW1, she also mention the name of Happy @ Hitesh and also attributed specific role and injury caused by him to her brother Pradeep. The Investigating Officer did not charge-sheeted this person and he was found innocant during investigation. Merely statement of complainant ipso-facto cannot be formed the basis of summoning of a person under Section 319 Cr.P.C.
The persual of file reveals that the alleged occurence took place at about 4/5:00 PM and the MLRs of complainant Monika, Jyoti and Sandeep were conducted in between 5:30 PM to 5:40 PM whereas the MLR of Pardeep was got conducted at 9:00 PM. From this fact it appears that Pradeep got conducted his MLR after taking legal advise and in order to implicate proposed accused in the present case, as such this Court did not find any reason to summon Happy @ Hitesh to face trial alongwith other co-accused on the basis of statement of complainant which is merely a reiteration of her complaint Ex. PW1/A and no new evidence has been brought on record.
- 4 - power conferred on the Court under Section 319 Cr.P.C. is extra-ordinary power and shall be exercised sparingly and only in those cases where the circumstances so warrant. In the present case, this Court does not find any circumstance nor evidence available on file is credible, cogent and strong enough to summon Happy @ Hitesh as additional accused in the present case. 5. In the light of above discussion, this Court is of the view that the application under Section 319 of Cr.P.C filed by the prosecution is without any merit and the same is, therefore, dismissed. To come up on 18.11.2022 for evidence of the prosecution. All the unexamined witnesses be summoned."
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1. Whether speaking/reasoned?
Yes/No
2. Whether reportable?
Yes/No