Criminal Procedure Code, 1973, Section 319 -- Additional accused - Exercise of power - Contention that there has been improvement in testimony of prosecution with regards to name of persons involved in the incident - Held, this aspect of the matter is required to be tested at a later stage - At the stage of exercise of power u/s 319 CrPC, the testimony is to be taken on..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Exercise of power - Contention that while exercising its power u/s 319 CrPC Court below ought to have recorded satisfaction that the evidence led before it would reasonably lead to conviction - Held, where complicity of person sought to be added as an accused is disclosed from initial stage..........
Criminal Procedure Code, 1973, Section 319 -..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - At the stage of exercise of power u/s 319 Cr.P.C. Court is required to consider the evidence adduced before it only for the purpose of satisfying itself whether the person proposed to be added as accused was involved in the commission of the offence for which such person could be tried together with the..........
Criminal Procedure Code, 1973, Section 319, 482 -- Additional accused - Summoning of - Exercise of power - Complicity of person sought to be added as an accused is disclosed from initial stage - Held, once complicity of revisionists was disclosed in FIR and was also affirmed by testimony of a person injured in the incident, it cannot be said that testimony, if left u,..........
Criminal Procedure Code, 1973, Section 319 -- Addition accused - Summoning of - Exercise of power - Complicity of person sought to be added as an accused is disclosed from initial stage - Held, since complicity of revisionists was disclosed from the initial stage itself, exercise of power u/s 319 CrPC, on the statement of PW1 who was an injured witness and had supported..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of mother-i, law and sister-i, laws - Harassment and demand of dowry - In her entire statement, allegation of PW2 with regards to harassment and demand of dowry was against her husband, father-i, law, elder brother-i, law, and elder sister-i, law - It was only towards the fag end of her..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Exercise of power - Held, power u/s 319 Cr.P.C. is an extra ordinary power which may be used very sparingly only if compelling or cogent reasons exist against the person sought to be summoned - Term `evidence' used in S.319 Cr.P.C. does not necessarily mean the evidence which is tested by..........
Criminal Procedure Code, 1973, Section 397, 401, 319 -- Additional accused - Summoning of - Validity - Court below while passing order u/s 319 Cr.P.C. has not recorded any specific finding as to whether or not evidence adduced if unrebutted, would be sufficient to record a conviction against petitioners - Held, in absence of such finding, impugned order cannot be sustained..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning - Unless the Court is hopeful that there is reasonable prospect of the case as against the newly brought accused ending in conviction of the offence concerned, Court should refrain from exercising jurisdiction u/s 319 Cr.P.C...........
