Showing : 271-280 of 384 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of a person as additional accused - Examination in chief of complainant recorded, which in essence was repetition of allegations levelled in FIR - Without testing the complainant on the anvil of cross examination, court summoned a person as accused to stand trial on the basis of..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Only a statement in FIR that complainant strongly believes that murder of her father was preplanned and there were many conspirators involved, there is no direct evidence of complicity of appellant in the incident - Held, that evidence which seeks to connect the appellants..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - On the basis of evidence led additional accused summoned by holding that a strong suspicion can be a ground to proceed against any person in a criminal case - Strong suspicion is a criterion for framing a charge but not for summoning a person as an additional accused - There..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Power of Court to summon an additional accused is of wide amplitude and is required to be exercised vary sparingly - Before an order summoning an accused is passed, Trial Court must form an opinion on the basis of the evidences brought before it that a case has been made out..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Strong suspicion is a criterion for framing a charge but for summoning a person as an additional accused a different legal principle is required to be applied - Court has to exercise power u/s 319 Cr.P.C. on the basis of fresh evidence brought before the Court...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B-- Dowry death - FIR registered against husband and his mother - Challan submitted only against husband - Court summoned mother as additional accused on the application moved u/s 319 of the Code as it appeared to the court that mother committed offence - Summoning order set aside - Held, it was..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Offences u/ss 302 and 307 IPC - Some persons named in the FIR found innocent during investigation and placed under column 2 of the Challan - Complainant in his statement during trial repeated same allegations as made in the FIR - No new fact brought on record by the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Finding of exoneration recorded by Investigating Agency - Cannot be given priority over the finding recorded by a Judicial Court - Order of trial Magistrate summoning additional accused on the basis of contents of complaint, first information report and also substantive..........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 190, 319-- On police report cognizance taken against one accused - Name of petitioner appeared in FIR - Sufficient material against petitioner - Trial or inquiry not yet commenced - Held, there is no error in order issuing process also against petitioners on application of complainant filed on same day...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 319-- Right of accused to be heard at pre-process stage - Held, that accused at pre-process stage has no locus to be heard on the question whether process should be issued against him or not...........

Showing : 271-280 of 384 Results