Criminal Procedure Code, 1973, Section 319 -- Additional accused - Issuing of non bailable warrant - Instead of issuing summons, Court cannot staightway issue no, bailable warrants to additional accused...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Material PWs categorically stated about the culpability of petitioner in their statements - Besides it, there was documentary evidence in the shape of some applications written by deceased to SSP - CCTV footage was also available to show presence of petitioner at the spot - All PWs identified..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860 -- Summoning of additional accused - Material contradictions in the statements of PWs regarding manner in which incident took place - Ex-facie after testing evidence and material available on record is not such which can convince the Court regarding existence of evidence stronger than that required to..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306 -- Summoning of additional accused - Offence u/s 306 IPC - No evidence on record till now that petitioners, on any particular date, time and place harassed the deceased - General allegations against petitioners were levelled by wife of deceased - Mere fact that complainant gave statement to..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 304B, Evidence Act, 1872, Section 32(1) -- Summoning of additional accused - Dying declaration - Dowry death - It is apparent from FIR that specific allegation of demand of dowry is only against husband and not against any other person - Dying declaration of deceased recorded by Judicial..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - When said person not named in charge-sheet - Power of Court - Provision of S.319 Cr.P.C. can be invoked even where name of person is in FIR yet no charge-sheet is filed against him...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - No person on application u/s 319 Cr.P.C. can be summoned as additional accused merely on basis of statement of complainant recorded in Court unless there is material to summon - Hence, in order to summon accused some fresh evidence must have come on record so as to impel Court to summon such..........
Criminal Procedure Code, 1973, Section 319, 401(2) -- Additional accused - Prayer declined - Allowed by revisional court without affording opportunity of hearing to such accused - Held, concerned accused has right of hearing by revisional court even if he had no such right of hearing at the original stage...........
Criminal Procedure Code, 1973, Section 319, Prevention of Corruption Act, 1988, Section 11, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 409, 120B -- Summoning of additional accused - Misappropriation of amount in State Corporation - Collection of money done in different branch offices spread all over State - However, instructions were being parted through a..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 452, 323, 504, 506 -- Summoning of additional accused - Offence u/ss 452, 323, 504, 506 IPC - No allegations on record against proposed accused except that they also have said to entered the house of complainant but not armed with any weapon - Even complainant has not made any whisper that any..........
