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...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Unless strong and convincing evidence emerges during trial, mere allegations in the FIR or in the testimony of a PW cannot justify summoning a person as an additional accused...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Prosecution claimed that 25 persons emerged from two vehicles armed with weapons, which is implausible and self contradictory - This inconsistency coupled with own admission by complainant that proposed accused were not seen in the video which was shown in the police station, casts serious..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 408, 120B -- Framing of charge - Offence u/ss 408, 120-B IPC - Petitioner in conspiracy with co-accused had embezzled an amount of Rs. 83,84,447 of complainant's company - Although, petitioner was initially found to be innocent by police, however, on allowing an application filed by prosecution..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Mere statement of prosecutrix or complainant, which is not substantiated by any credible material, cannot be a ground to invoke discretionary and extraordinary power of Court to summon an additional accused u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - PW6 who was working as male nurse in Hospital stated that he brought the deceased to hospital in ambulance and deceased told him that accused/respondent Nos. 2 & 3 had caused injuries with lathi to him - From the statements of witnesses, prosecution had failed to produce any evidence regarding..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the time of finding the merit whatsoever in the application u/s 319 Cr.P.C, more than prima facie case is to be established from the evidence led before Court which is not necessarily to be tested on the anvil of cross-examination...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - In the absence of any credible material, power u/s 319 Cr.P.C ought not to be invoked...........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 302, 201 -- Recall of witness - Offence u/Ss. 302,201 IPC - Accused application u/s 311 Cr.P.C rejected summarily - Accused counsel was changed, additional charges were added against accused, and it took over 2 years to record evidence of witnesses - Cumulative circumstances warranted allowing..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Trial in respect of other accused had already been concluded in the year 2016 and now trial Court is waiting for decision of revision petition - Trial Court took cognizance against petitioners relying upon testimony of complainant and his father - However, there are serious contradictions in..........
