Showing : 281-290 of 391 Results

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..........
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, 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 - 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...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 319-- Witnesses to be re-heard - Held, that proceedings against the added accused u/s 319 Cr.P.C. shall be commenced afresh - Witnesses will be re heard - The evidence prior to the addition of accused cannot be used against the accused who was not there earlier...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 319-- Cross examination of a witness is necessary in order to summon accused u/s 319 Cr.P.C. - Also whether such power can be exercised only if Court is satisfied that accused summoned in all likelihood would be convicted - Both these matters referred to a larger bench...........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Summoning of - Exercise of power by Magistrate - Held, while considering application u/s 319 Cr.P.C. to summon other persons to face trial court must have reasonable satisfaction from evidence already placed before court to the fact that other person has committed an offence..........

Showing : 281-290 of 391 Results