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Search Results for "summoning accused"

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Supreme Court

Supreme Court Quashes Summoning of Additional Accused in Dowry Death Case Under Section 319 CrPC Due to Insufficient Evidence. The Court held that power under Section 319 CrPC requires more than prima facie evidence and strong cogent evidence indicating involvement, which was lacking as allegations were general and vague without specific role attribution.

21 Feb 2023

The Supreme Court addressed a criminal appeal arising from a High Court order summoning appellants as additional accused under Section 319 CrPC in a d...

High Court

Bombay High Court Quashes Summoning Order Under Section 319 CrPC for Applicant Named in FIR but Excluded from Charge Sheet Based on Alibi Evidence. The court held that the trial court erred in summoning the applicant when the investigating officer had already accepted his alibi and did not file a supplementary charge sheet under Section 173(8) CrPC.

23 Jan 2023

The applicant, Anand Shivaji Ghodale, was named in an FIR but not arraigned as an accused in the charge sheet. The investigating officer, after collec...

Supreme Court

Supreme Court Dismisses Appeal Against Refusal to Summon Additional Accused Under Section 319 CrPC — Insufficient Evidence of Complicity. The Court upheld the concurrent findings of the trial court and High Court that the complainant failed to present strong and cogent evidence to warrant summoning the proposed accused.

10 May 2019

The appellant, Shiv Prakash Mishra, lodged an FIR on 06.09.2013 alleging that respondent No.2, Subhash Chandra Shukla, along with four others, formed ...

Supreme Court

Supreme Court Allows Appeal Against High Court Order Refusing to Summon Witness as Additional Accused Under Section 319 Cr.P.C. in Murder Trial. Court Holds That Proviso to Section 132 of Evidence Act Does Not Bar Proceeding Under Section 319, and Statement Under Section 164 Cr.P.C. Can Be Considered for Forming Opinion.

31 Jul 2026

The present appeal arose from the refusal by the trial court and the High Court to summon a prosecution witness as an additional accused under Section...

High Court

High Court of Karnataka Quashes Summons Under Section 319 CrPC Against Accused in SC/ST Act Case — Lack of Evidence During Trial. Court Held That Summoning Additional Accused Requires Stronger Evidence Than Prima Facie Case, and Mere Presence at Scene Without Specific Overt Acts Is Insufficient Under Section 319 CrPC.

21 Jun 2016

The case involves a criminal revision petition filed by Pandurang, Sunil, and Sameer Deshpande (the petitioners) challenging an order passed by the II...

High Court

Bombay High Court Allows Accused to Summon Defence Witness in Rape and Cruelty Case — Rejection of Summons Application Set Aside as Premature. The court held that the accused has a right to lead defence evidence under Section 233 CrPC and the trial court must consider such applications on merits.

16 Oct 2019

The petitioners, who are accused in Sessions Case No.182 of 2013 pending before the learned Additional Sessions Judge, Sangli, challenged an order dat...

High Court

High Court of Karnataka Quashes Summoning Order Against Accused in Attempt to Murder Case Due to Lack of Prima Facie Evidence. Criminal conspiracy allegations under Section 120B IPC failed as no material showed meeting of minds between accused and main assailants.

10 Jan 2020

The judgment pertains to two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) by accused Nos. 6 and 7 in C...

Supreme Court

Supreme Court Sets Aside Summoning Order Under Section 319 CrPC for Misapplication of Legal Principles. The Court Remands the Matter for Fresh Consideration, Emphasizing That the Power to Summon Additional Accused Requires Strong and Cogent Evidence and a Higher Degree of Satisfaction Than for Framing Charges.

3 Sep 2019

The appeal arose from an order passed by the trial court under Section 319 of the Code of Criminal Procedure, 1973 (CrPC) summoning the appellant, Shi...

High Court

Bombay High Court Dismisses Revision Against Summons Under Section 319 CrPC in Murder Case — Co-accused's Application to Summon Petitioner Upheld as Trial Court Had Prima Facie Material.

8 Sep 2006

The petitioner, Amit Anand Nare, challenged an order passed by the 2nd Additional Sessions Judge, Raigad, Alibag, which allowed an application filed b...

High Court

Bombay High Court Quashes Summons Under Section 319 CrPC for Lack of Sufficient Evidence Against Applicant in Corruption Case. The court held that the power to summon additional accused under Section 319 CrPC requires a higher standard of proof and cannot be exercised based on mere suspicion or vague allegations.

22 Feb 2023

The applicant, Rupa Deepak Dhande, filed an application under Section 482 CrPC challenging the order dated 06.01.2022 passed by the learned Special Ju...

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