Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioner was neither named in FIR nor charge-sheeted after investigation and was in fact declared innocent by investigating agency - Summoning of petitioner u/s 319 Cr.P.C. is based solely on an isolated and untested statement made by PW1 during examination-in-chief, without benefit of..........
Criminal Procedure Code, 1973, Section 319, 482 -- Summoning of additional accused - Acquittal of main accused - Quashing of proceedings - If main accused are acquitted, no criminal proceedings can be sustained against other co-accused on same set of witnesses as there is no separate witness and on basis of testimony of same witnesses, accused were acquitted by trial Court..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Involvement of proposed accused persons in the crime is established on record - Session judge formed a satisfaction higher than a prima facie satisfaction of alleged involvement of proposed accused and their complicity in the crime has to be examined and tested on evidence being led at the..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Respondents were named in FIR but they were not named in charge sheet as accused - After recording depositions of PW1 and PW2 which inspired confidence of trial Court, respondents were summoned to face trial u/s 319 Cr.P.C - Credibility of PW1 and PW2 cannot be gone into at this stage, as these..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Eye witnesses have named respondents as persons present on the site of occurrence - Respondents will have all defences open to them before trial Court to put forth their version of innocence, including by way of resort to cross-examination - Application allowed...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Simply mentioning name or levelling vague allegations would not be sufficient to book any person u/s 319 Cr.P.C - Material brought on record must be scrutinized to some extent so as to make a firm opinion whether sufficient grounds are there or not to array a new person for joining the trial...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - FIR was lodged in the year 2017 - Trial had progressed to a great extent - Material witnesses have been examined - At this juncture, holding trial, booking a new person and then ordering de novo trial, would be nothing but doing so would be a travesty of justice - Order allowing application set..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioner moved an application u/s 319 Cr.P.C. for arraigning driver of bus - However, material brought on record, FIR, charge sheet, statements of five witnesses, site memo and information of I.O. which in an unequivocal and unambiguous term indicates that negligence of accused `S' who was..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of accused - High Court in exercise of its revisional jurisdiction set aside the order of the Trial Court rejecting the second application under Section 319 of the CrPC and directed the Trial Court to reconsider the application under Section 319 - Court was conscious that the trial had concluded, yet to do substantial..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Mere naming a person in the absence of specific overt act is insufficient to invoke S.319 Cr.P.C...........
