Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Evidentiary standard required for a Court to exercise its discretion u/s 319 Cr.P.C., for summoning an additional accused, is significantly higher than prima facie threshold applicable at the stage of framing charges...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Name of respondent Nos.2 to 4 was mentioned in FIR, but during course of investigation police after examining material and statements on record, found them innocent and placed them in column No.2 - No new or independent material has been brought on record which could justify exercise of powers..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - While invoking power u/s 319 Cr.P.C. trial Court should consider the statements of witnesses adduced before it and it should not place reliance upon material available in the charge-sheet or case diary...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - For summoning an additional accused u/s 319 Cr.P.C. mere prima-facie case is not sufficient - It is to analyze, whether before trial Court material was sufficient to summon petitioners u/s 319 Cr.P.C. or not...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Informant and injured witnesses stated that petitioners along with others made assault due to which three persons sustained injuries - However, FIR lodged after three months of incident, therefore, there is inordinate delay in lodging FIR - After considering the fact that there is inordinate..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Generally on the basis of evidence before it during trial, Sessions Court is fully empowered and armed with competent jurisdiction over issue of summoning additional accused persons to face trial along with accused persons who were already been tried by it...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioners were not named in the FIR - Prosecution has not produced proper and sufficient evidence on the basis of which petitioners could be called by Court to face trial in the case as co-accused, rather it ought to have waited for some other cogent evidence of fact which could easily..........
Criminal Procedure Code, 1973, Section 193, 319 -- Cognizance of offence by Court of Session - Summoning of person as accused u/S. 193 - It is not proper for Court of Session to wait till the stage u/S. 319 CR.P.C to proceed against the person against whom prima facie case is made out from the material contained in case paper sent by the Magistrate while committing the..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Mere existence of a civil dispute between parties would not give rise to a ground for quashing of an order summoning an accused, after taking into consideration the statements of PW1 and PW2 which made out a case for summoning applicant...........
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 ...........
