Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 - s.319 - Power of court (o summon accused not arraigned as accuse |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 - s. 319 - Power of court to summon accused not arraigned as accused- Exercise of - When- Held: Prima facie opinion which is to be formed requires stronger and cogent evidence than mere probability of his complicity - Degree of satisfaction is to be more than the degree which is warranted at the time of framing of the charges against others in respect of whom charge sheet was filed - Power is not to be exercised in a casual or a cavalier manner - On facts, trial court acted in a casual and cavalier manner in passing the summoning order against the appellants - Documentary and other evidence collected during the investigation, showed that appellants plea of alibi was correct - Evidence recorded during trial was nothing more than the statements which was already there uls. 161 Cr.P.C. recorded at the time of investigation of the case - Trial court was duty bound to see while ยท forming prima facie opinion and to see as to whether 'much stronger evidence than mere possibility of the appellants' complicity came on record - There was no satisfaction of this nature - High Court too ignored the said material- Thus, the order of summoning the appellants u/s. 319 set aside. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2017 INSC 409 |
Petitioner | Brijendra Singh & Ors. |
Respondent | State Of Rajasthan |
SCR | [2017] 3 S.C.R. 374 |
Judgement Date | 2017-04-27 |
Case Number | 763 |
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