Criminal Procedure Code, 1973, Section 482, 319 -- Quashing of order - Order of summoning of additional accused - Application u/s 482 Cr.P.C. is not an interlocutory application and supplementary affidavit filed in the case should have been confined to facts within personal knowledge of deponents of respective affidavits as per R.12 of Allahabad High Court Rules ...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - There is ample evidence for recording more than a prima facie satisfaction regarding involvement of applicant in commission of offence - Nothing more is required to be done by trial Court while deciding an application for summoning an accused person u/s 319 Cr.P.C - Application rightly allowed...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Statutory requisites for summoning any person not being accused viz.: (a) such person has committed an offence; (b) his complicity is revealed from evidence collected during inquiry or trial; and (c) for such offence, he can be tried together with accused already facing trial...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Court should not conduct a mini-trial at the stage of considering an application u/s 319 Cr.P.C., as expression used is `such person could be tried' and not `should be tried'...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Specific role assigned to respondent No.2 by eye witnesses indicating that he was present at the scene of occurrence armed with a stick - First informant categorically mentioned him as one who came along with others with a common intent, abusing and beating, causing death of his brother, apart..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C can be exercised by Court itself or on an application moved by someone...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Courts cannot consider evidence collected during investigation while deciding an application u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - There is no need to go into cross examination of witnesses before summoning accused u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Inconsistencies, contradictions and improvements in the testimony cannot be minutely scrutinised at the stage of summoning u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Provision enables Court to summon additional persons as accused based on material emerging from evidence recorded...........
