Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Validity - Summoning order passed on the strength of statement of witnesses PW1, PW2 and PW3, who were all examined in Court - However, a reference is made by Court to some material in case diary - Held, term "evidence" as it occurs in S.319(1) means evidence led in Court - It cannot be said..........
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, 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 204 -- Summoning order - Exercise of power - Held, summoning order is not such a ordinary or common order which could be passed mechanically - Before taking cognizance in a given case and proceeding to pass summoning order, it is incumbent upon Magistrate concerned to see entire allegations made in complaint as well as statement..........
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...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning - Even though there is some evidence against additional accused but evidence not to such extent as may reasonably lead to the conviction - Order summoning additional accused, set aside...........
