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Search Results for "summon witness"

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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 Dismisses Accused's Challenge to Recall of Hostile Witness in Corruption Case — Power Under Section 311 CrPC Upheld to Recall Witness Who Turned Hostile During Cross-Examination.

19 Jan 2010

The applicant, Sudhakar Tukaram Dhatrak, challenged an order dated 11.8.2009 passed by the Additional Sessions Judge, Chandrapur, in Special Case No. ...

High Court

Bombay High Court Allows Revision Against Rejection of Section 311 CrPC Application for Summoning Defence Witnesses — Emphasizes Wide Discretion to Secure Just Decision. The court set aside the Trial Court's order and allowed the application subject to costs, holding that denial of opportunity to examine material witnesses would amount to denial of fair trial.

9 Jun 2026

The applicant, Ajay Kumar, filed a Criminal Revision Application before the Bombay High Court, Nagpur Bench, challenging the order dated 07.03.2026 pa...

Supreme Court

Supreme Court Allows Appeal Against Summoning Under Section 319 CrPC Based on Witness's Own Statement Protected Under Section 132 Evidence Act. The Court held that a witness cannot be summoned as an accused solely on the basis of his own statement made as a witness, as the proviso to Section 132 of the Indian Evidence Act, 1872 grants immunity from prosecution.

3 Sep 2024

The appellant, Raghuveer Sharan, was a cashier at the respondent bank. In 1998, a fixed deposit of Rs. 10,00,000 was made for 3 years, but the challan...

High Court

High Court of Karnataka Dismisses Election Commission's Appeal Against Summons to Ex-Chief Election Commissioner in Election Petition. Summons to former CEC as a witness in election petition challenging Athani constituency election is valid and not barred by Article 324 of the Constitution.

29 Jul 2022

The Election Commission of India filed an Original Side Appeal under Section 4 of the Karnataka High Court Act, 1961, challenging an order dated 17.06...

High Court

High Court of Karnataka Allows Writ Petition in Civil Procedure Case — Order Dismissing Application Under Order 16 Rule 21 CPC Set Aside. Court Held That Summons to Witness Must Be Served by Court and Not by Party, and That Dismissal for Default of Witness Is Not Permissible Without Proper Service.

26 Mar 2014

The petitioner, M/s. Krithi Constructions, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 03.03.2014 ...

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...

High Court

Bombay High Court Dismisses Revision Against Refusal to Drop Witnesses and Array Them as Accused in Sohrabuddin Fake Encounter Case. Court Holds That Power Under Section 319 CrPC Is Discretionary and Cannot Be Invoked by an Accused at Trial Stage Without Evidence.

28 Mar 2016

The applicant, a senior IPS officer and accused No. 2 in the Sohrabuddin fake encounter case, filed a criminal revision challenging the Sessions Court...

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 Allows Recall of Witness in Cheque Dishonour Case Under Section 311 CrPC for Effective Cross-Examination. Petitioner Accused Granted Opportunity to Recall Complainant's Witness to Ensure Fair Trial and Just Decision.

1 Sep 2017

The petitioner, Kavita Agrawal, was the accused in a criminal case under Section 138 of the Negotiable Instruments Act, 1881, pending before the Judic...

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