Showing : 281-290 of 377 Results

ORISSA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302-- Murder - Arraying of accused - Exercise of power - Held, trial court has jurisdiction to array any person not being accused before it to face trial along with other accused persons if court is satisfied in course of enquiry and trial on basis of evidence adduced before it that such person should..........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Cross-examination of witness - Not required - Held, on all occasions before summoning accused it is not mandatory to cross-examine witness, if in the opinion of Judge concerned, there is adequate material to summon an accused...........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 319-- Exercise of power u/s 319 Cr.P.C. is discretionary - For exercise of discretion Court may itself put questions to a witness in the nature of cross-examiantion to ascertain truth - If there appears genuine possibility of participation of proposed accused in the incident he should be summoned u/s..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Merely because some witnesses have mentioned the name of such person or there is some material against that person, discretion u/s 319 Cr.P.C. should not be used by Court - The person against whom such discretion is used should be a person who could be tried together with the..........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 319, 482-- Additional accused - Defence of accused - When accused is summoned u/s 319 Cr.P.C. as an additional accused he can raise his defence at the time when he leads his evidence in defence and is wholly extraneous for arriving at a conclusion whether the trial Court has rightly summoned him - Petition..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Summoning on the basis of part examination-in-chief of complainant with no other evidence on record to corroborate the same - Not sufficient material to summon additional accused - Court is to be cautious in summoning additional accused especially in the matrimonial cases..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Summoning of - Broad principles governing : (i) Power to summon an accused is discretionary and extra-ordinary power, which should be exercised sparingly and only if compelling reasons exist at any stage of case; (ii) The order passed under Section 319 of the Code of Criminal..........
ALLAHABAD HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 319-- Murder trial - Summoning of additional accused - Legality of - Revisionists have been summoned by Court below vide impugned order solely on the basis of statement of PW2 - Although PW2 in her examination-in-chief, claiming herself to be eyewitness, had stated that murder of her mother was..........
ALLAHABAD HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Discretionary power should be used by Court sparingly and only if compelling reasons exist - Person summoned as an additional accused on the statement of complainant - Complainant is not the eye witness to the murder of his father - There was no other incriminating substantive..........
ALLAHABAD HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Conclusion of trial of charge sheeted accused - Held, that conclusion of trial of charge sheeted accused has no effect on the trial of other person who has been summoned as an additional accused u/s 319 Cr.P.C...........

Showing : 281-290 of 377 Results