June 2019

Since civil suit for possession has been already decreed in favour of accused therefore there was no prima facie case to summon the petitioner as additional accused

By | June 29th, 2019|Additional accused|

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Quashing–Summoning of additional accused—When in other case, arising out of same incident, petitioner have been acquitted for similar offences then summoning of petitioner as additional accused in another case for same offence would be an exercise in futility

By | June 26th, 2019|Additional accused|

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Summoning of additional accused—Murder—Complainant was himself confused about number of assailants—Contrary stand at different stages- -Application u/s 319 Cr.P.C dismissed

By | June 1st, 2019|Additional accused|

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May 2019

Summoning of additional accused—Standard of Proof—Court has to look for just more than prime facie case and not as if an infallible case was required to be shown by the prosecution in order to proceed against the proposed accused persons

By | May 5th, 2019|Additional accused|

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February 2019

Summoning as additional accused—Statement of complainant while appearing as witness is nothing but reiteration of her version given to the police with some improvements—Same cannot be termed as fresh evidence or convincing evidence—Summoning orders quashed

By | February 19th, 2019|Additional accused|

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February 2018

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.

By | February 27th, 2018|Additional accused|

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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.

By | February 25th, 2018|Additional accused|

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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

By | February 23rd, 2018|Additional accused|

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January 2018

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.

By | January 17th, 2018|Additional accused|

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November 2017

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.

By | November 19th, 2017|Additional accused|

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August 2017

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.

By | August 8th, 2017|Additional accused|

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July 2017

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.

By | July 16th, 2017|Additional accused|

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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

By | July 16th, 2017|Additional accused|

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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.

By | July 6th, 2017|Additional accused|

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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

By | July 1st, 2017|Additional accused, Dowry Death|

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June 2017

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

By | June 28th, 2017|Additional accused|

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May 2017

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.

By | May 5th, 2017|Additional accused|

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February 2017

January 2017