Comments Off on Held; No material was produced by the complainant to show the involvement of the husband-There was no compelling circumstances to exercise the powers under Section 319 CrPC-Order dismissing application u/s 319 CrPC upheld-Criminal Procedure Code, 1973, S.319.
Comments Off on Criminal Procedure Code, 1973, S.319–Summoning of additional accused-Additional accused cannot be summoned merely on the ground that petitioner has reiterated his version.
Comments Off on Summoning of additional accused— A small suspicion or doubt is not sufficient to summon such person as an additional accused—The Court has to exercise its powers sparingly as summoning of a person as an additional accused is a serious matter
Comments Off on Summoning of additional accused—Merely on verbal accusation of complainant appellant not to be summoned under section 319 especially when no stronger evidence has come on record.
Comments Off on The Court of Session can summon a person as an accused under Section 193 Cr.P.C., on the basis of material during course of investigation and after committal of case to the Court of Session by the Magistrate, whereas Section 319 Cr.P.C., can only be invoked on the basis of evidence collected during the course of the trial.
Comments Off on Summoning of additional accused—Merely on verbal accusation of complainant appellant not to be summoned under section 319 especially when no stronger evidence has come on record.
Comments Off on Criminal Procedure Code, 1973 (CrPC) – Section 319 – Summoning of additional accused – Powers of Court – Nature and exercise of – Power to summon an accused is an extraordinary power conferred on the Court. It should be used very sparingly and only if compelling reasons exist for taking cognizance against other person against whom action has not been taken.
Comments Off on Criminal Procedure Code, 1973, S.319–Cheating–Summoning of Additional accused- -Complainant had given Rs.6 Lakhs to accused on his false promise to get Government job-Money was given to accused in presence of co-accused who was a government servant
Comments Off on Criminal Procedure Code, 1973, S.319-Summoning an additional accused the trial Court is of the opinion that some other persons were also involved in the commission of the offence- Not only prima facie case is to be established from the evidence led before the court but that material, which has come in the form of statement, is sufficient for framing of charge.
Comments Off on Criminal Procedure Code, 1973, S.319–Dowry Death-Summoning of additional accused-Specific allegations are only against main accused-Respondents were found innocent during investigation
Comments Off on Criminal Procedure Code, 1973, S.319–Summoning as additional accused—Cruelty to Wife-Dowry Death-Strong and cogent evidence are required against that persons while summoning
Comments Off on Civil Procedure Code, 1908, O.41 R.27–Additional Evidence at appellate stage- Evidence relating to subsequent happening or events which are relevant for disposal of appeal is to be permitted.
Comments Off on Not only prima facie case is to be seen from the evidence led, it is also to be seen whether persons sought to be summoned can be convicted on the said evidence
Comments Off on Summoning of additional accused –A prosecution witness cannot be summoned to face trial as additional accused on basis of his own statement.
Comments Off on Summoning of additional accused—Satisfaction for summoning a person should be the same as for framing of charge and said satisfaction is to be recorded in case.
Comments Off on Summoning of additional accused—Dowry Death—Merely, because complainant has named the relatives of husband, they ought not to be summoned.