Criminal Procedure Code, 1973, Section 319 -- Charge sheet filed - Ten out of six accused discharged - Charge framed against six accused - Magistrate can summon the discharged accused u/s 319 Cr.P.C. to face trial if fresh material against him comes on record during trial...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Witness examined but not cross examined - Court on the basis of such examination can summon an additional accused - There is no legal requirement to wait conclusion of cross examination of the witness before considering a person as an additional accused...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Additional accused cannot be summoned merely on the existence of prima facie case - It is further required that material which is brought before the Court is of such a nature as satisfies the Court that it would reasonably lead to conviction of the person sought to be summoned...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - In all cases Court may not wait till cross examination is over for the purpose of exercising its jurisdiction...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning - In the dying declaration appellants named as the person responsible for death - Correctness of the dying declaration at this stage cannot be questioned - Merely because charge sheet is not filed against certain persons, the same by itself, is not sufficient ground to decline to exercise its..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Can be summoned on the uncrossed testimony of a witness...........
Criminal Procedure Code, 1973, Section 319 -- Power of framing charge against person who is not arrayed as accused - No evidence adduced before Magistrate - Held, power u/s 319 cannot be exercised on the basis of material produced by the prosecution based on which charge was framed...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - For impleading as accused u/s 319 Cr.P.C. it must appear from the evidence on record that person sought to be prosecuted against has committed an offence - The degree of evidence required u/s 319 Cr.P.C. is such that in every possibility there is the chance of the person sought to be impleaded being..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning on the basis of partly cross examined complainant - Not much dent made in his testimony - No interference in order of summoning...........
Criminal Procedure Code, 1973, Section 319, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1) -- Additional accused - Summoning of - Complaint against five persons - Police investigated the offence and challan filed against two persons - Petition for summoning the remaining three accused - No role attributed to accused - Petition..........
