CrPC S. 319 – Court has failed to record the degree of satisfaction which is required to summon an accused under section 319 – Degree of satisfaction is not one of prima facie case

Criminal Procedure Code, 1973,  Section 319  – While deciding the application under section 319 Cr.P.C. the trial court has failed to appreciate the entire facts, evidence and other material available on record –  Court below has also failed to record the degree of satisfaction which is required to summon an accused under section 319 Cr.P.C.  – Degree of satisfaction is not one of prima facie case – Consequently, trial court has failed to exercise its power in accordance with parameters laid down by the Apex Court in a catena of decisions –  The impugned order is not sustainable in the eye of law and is liable to be set-aside. (2023-1)209 PLRIJ 001 (All.)