Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning - Even though there is some evidence against additional accused but evidence not to such extent as may reasonably lead to the conviction - Order summoning additional accused, set aside...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Exercise of power - Summoning of accused u/s 319 Cr.P.C. at the stage of delivery of judgment - Validity - Held, there must be pendency of trial and evidence adduced must create impression to Court that it appears that accused so called is involved in the offence and he is to be tried with..........
Criminal Procedure Code, 1973, Section 169, 319 -- Additional accused - Summoning of - Application was filed u/s 319 Cr.P.C mentioning therein that Five persons named in First Information Report, but even then police had not filed challan against them - No objection or application was raised before Magistrate concerned at the time of filing of challan requesting to take..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - It is necessary for Court to arrive at a satisfaction that evidence adduced on behalf of prosecution, if unrebutted, would lead to conviction of the person sought to be added as accused in the case...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Exercise of power - Held, extraordinary powers of S.319 CrPC should be used cautiously especially when trial has proceeded to an advanced stage - An accused u/s 319 CrPC should be summoned only when it is evident that conviction is probable - Merely for the sake of dragging an accused to face..........
Criminal Procedure Code, 1973, Section 216 -- Framing of additional charge - Validity - Sessions Judge has framed additional charge on application of D.G.C. (Criminal) when this fact came to light in statement of prosecution for first time that accused had committed rape upon victim - Held, S.216 CrPC empowers Court to alter charge at any time before judgment is pronounced..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Person sought to be summoned as additional accused participated in the crime as he received injuries, which are supported by police proceedings and Medico Legal Report - At this stage, said evidence cannot be ignored on the basis of which, if proved, is likely to result in conviction -..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning - Can only be on the basis of evidence adduced and not on the basis of materials available in the charge-sheet or the case diary, because such materials contained in the charge-sheet or the case diary do not constitute evidence...........
Criminal Procedure Code, 1973, Section 154 -- Indian Penal Code, 1860, Ss. 363/511/34 IPC - FIR - Discharge of accused - Validity - Trial Court came to conclusion that facts disclosed false implication of accused on account of registration of FIR against uncle, aunt and sister of complainant - Court found version given by petitioner complainant was unbelievable when FIR..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Murder case - FIR against unknown persons - Charge sheet filed - Appellant not named an accused - CJM committing the accused to the Court of Sessions - Summoning in a private complaint against persons left out by police in the course of investigation - Summoning order quashed - Once the..........
