Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Murder case - Allegations against i, laws of deceased - Deceased in her dying declaration only mentioned the name of her sister-in-law, she has not mentioned the names of others - Neither complaint nor evidence of witnesses indicates as to role played by appellants in commission of offence and..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 447, 427, 511, 506, 148, 149 -- Summoning of additional accused - Offence u/ss 447, 427, 511, 506, 148, 149 IPC - Property dispute - Allegation that complainant forcibly dispossessed from shop in question - However, possession of petitioners over shop in question already declared by civil Court -..........
Criminal Procedure Code, 1973, Section 319, 70 -- Summoning of additional accused - Issuance of arrest warrant - Prosecutrix in her statement u/ss 161, 164 Cr.P.C as well as in Court statement named accused and active role assigned to him - Order taking cognizance on application u/s 319 Cr.P.C is perfectly justified - However, arrest warrant issued against accused is..........
Criminal Procedure Code, 1973, Section 311, 391 -- Recall of witness - Mere mentioning of the fact that accused was not medically fit in his statement u/s 313 Cr.P.C., does not affect his right to lead additional defence evidence...........
Criminal Procedure Code, 1973, Section 311, 391, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Additional evidence at appellate stage - On the ground that he was not medically fit during period cheque was issued - Application u/s 311 Cr.P.C. cannot be allowed for recalling of complainant and to put him medical record, which accused can otherwise..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Misappropriation of funds - Deputy Registrar in its enquiry report giving clean chit to petitioner stating his role was not there in misappropriation of funds - As there is no prima facie evidence against petitioner, thus, there is positive evidence to show that petitioner is not involved in..........
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 additional accused to face trial is..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Where investigating agency for any reason does not array one of real culprits as an accused, Court is not powerless in calling said accused to face trial...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C does not limit power of Court to restrict itself to investigation proceedings only...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioner was named in the complaint but challan was not presented against her - Magistrate after considering the matter entirely and placing reliance upon statement of complainant on oath summoned petitioner as an additional accused - Nothing on record that Magistrate exercised jurisdiction..........
