Criminal Procedure Code, 1973, Section 319 -- Application u/s 319 Cr.P.C - Can be filed by accused or a co-accused...........
Criminal Procedure Code, 1973, Section 319, Prevention of Corruption Act, 1988, Section 7, 11, 13, 15, 19 -- Summoning of additional accused - Offence committed by public servant u/ss 7, 11, 13 & 15 of P.C. Act - Courts cannot take cognizance against any pubic servant for offences committed u/ss 7, 11, 13 & 15 of Prevention of Corruption Act, even on an application u/s 319..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Mere statement of complainant reiterating the contents of FIR/complaint not substantiated by any credible material cannot be a ground to invoke the discretionary and extraordinary power of Court to summon an additional accused u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319, 193, Indian Penal Code, 1860, Section 304B, 34, 201 -- Summoning of additional accused - Court of Session can summon a person as an accused u/s 193 Cr.P.C between two stages i.e taking cognizance by Court of Sessions and framing of charges and proceeding with trial being Court of original jurisdiction - In such an event, Court..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Even if trial has abated against existing accused, there is no bar in summoning appellants and starting the trial afresh...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C can be exercised only when evidence is strong and reliable...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Deposition of PW1 is not sufficient enough to invoke extra-ordinary jurisdiction u/s 319 Cr.P.C to summon appellants, particularly when there are no other witnesses who have deposed against appellants - There is no documentary evidence that prosecution had collected against appellants - Even,..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioners were duly exonerated in final report presented u/s 173 Cr.P.C - There is lack of cogent evidence which can establish more than prima facie case against petitioners - Order allowing application u/s 319 Cr.P.C. set aside...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C requires stronger quality of evidence than merely prima facie case against accused...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Dowry death - Proposed accused are devar and father-in-law of deceased - On the date of occasion they had not visited the place of occurrence - No specific allegations of involvement in alleged crime is imputed against them - Application rightly rejected...........
