Showing : 1-10 of 419 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Persons named in FIR but not implicated in charge sheet can be summoned to face trial, even if stage of giving opportunity to complainant to file a protest petition urging upon trial Court to summon other persons as well who were named in FIR but not implicated in..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Statement of PWs before Court can be said to be `evidence' during trial within the meaning of word `evidence' used u/s 319 Cr.P.C, therefore, on the basis of same, persons against whom no charge sheet is filed can be summoned to face trial...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Power u/s 319 Cr.P.C being a discretionary power and an extraordinary one is to be exercised sparingly and only when cogent evidence is available - Prima facie opinion which is to be formed for exercise of this power requires stronger evidence than mere..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Test to be applied is one which is more than a prima facie case as examined at the time of framing charge but not of satisfaction to the extent that evidence if goes uncontroverted, would lead to conviction of accused...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Statement of PW1 assigning specific roles to proposed accused - At the stage of consideration of application u/s 319 Cr.P.C, trial Court was to look at something more than a prima facie case but could not have gone to extent of enquiring as to whether matter would..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Additional accused can be summoned only if there is more than prima facie case as required at the time of framing of charge but which is less than satisfaction required at the time of conclusion of trial convicting accused...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Matrimonial dispute - Mere disclosing names of accused cannot be said to be strong and cogent evidence to make them face trial for offence u/s 319 Cr.P.C, especially when complainant is husband and has initiated criminal proceedings against family of his i, laws..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Matrimonial dispute - Husband levelled allegations against wife and his family members - Though in FIR, complainant mentioned 15 women and 35 men came by vehicles but names of 11 persons alone were disclosed in FIR - In the FIR or in statement recorded u/s 161..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Informant clearly stated that A-5 and A-6 had come to residence of deceased and taken the deceased along with them on their motorcycle claiming that A-1 to A-4 had called him for a compromise in ongoing matrimonial dispute - Order summoning appellants as..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319-- Summoning of additional accused - Based on supplementary charge sheet - Accused who was discharged earlier can be summoned u/s 319 Cr.P.C on the basis of supplementary charge sheet, particularly when at earlier point of time supplementary charge sheet was ignored by trial Court while discharging..........

Showing : 1-10 of 419 Results