Criminal Procedure Code, 1973, Section 319 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.358) - Summoning of additional accused - Major contradiction in the roles of proposed accused as recorded in application/complaint and statement of petitioner/PW1 - These contradictions are creating a doubt for even making a prima facie case in favour of complainant - Application..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the time of finding merit whatsoever in the application u/s 319 Cr.P.C., more than prima facie case is to be established from 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 - Power u/s 319 Cr.P.C ought not to be invoked in the absence of any credible material...........
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 311 -- Summoning of a witness - Summoning of a new witness whose name does not appear in array of witnesses cited by prosecution and whose statement has not been tested during investigation, at an advanced stage of trial, when most of prosecution evidence had already been led and matter was proceeding towards conclusion, would disrupt..........
Civil Procedure Code, 1908, Order 16, Rule 2 -- Summoning of a witness not named in list of witnesses - Court can allow a party to produce a witness though not named in list of witnesses - Order rejecting application set aside - Trial Court directed to issue summons to proposed witness to record his evidence...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Offence u/s 75 of the Act - Appellant was Chairman of Managing Committee which runs a school in which victim is studying - He may have control over management of institution which runs the School - But, that does not give him control over every child studying in school - Therefore, it is impossible..........
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 190 -- Cognizance of offence - Summoning of accused - At the stage of taking cognizance and summoning accused, Magistrate dealing with matter is required to apply judicial mind only with a view to take cognizance of offence to find-out as to whether prima-facie case has been made out to summon accused or not - Court at this stage is..........
