Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Discretionary powers |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – ss. 216/319 – Discretionary powers under – Exercise of, by the High Court – Application by the complainant u/s. 216/319 seeking the summoning of, and the impleadment of the appellants as accused persons in connection with the case u/ss. 452, 294(b), 323 and 506(1) IPC – Rejected by the trial court, however, allowed by the High Court – Correctness: Held: Trial court’s order was well reasoned and did not suffer from any perversity – High Court impleaded the appellants’ as accused persons in the underlying proceedings on the satisfaction of a prima-facie finding that the materials on record sufficient to proceed against the appellants – High Court failed to appreciate that the discretionary powers u/s. 319 CrPC ought to have been used sparingly where circumstances of the case so warrant – Moreover, the materials on record could not be said to have satisfied the threshold envisaged, that more than a prima facie case, as exercised at the time of framing of charge but short of evidence that if left unrebutted would lead to conviction – Thus, the impugned order set aside. [Paras 9, 10, 11] |
Judge | N/A |
Neutral Citation | 2024 INSC 130 |
Petitioner | N. Manogar & Anr. |
Respondent | The Inspector Of Police & Ors. |
SCR | [2024] 2 S.C.R. 685 |
Judgement Date | 2024-02-16 |
Case Number | 1333 |
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