Search Results for "Section 319 Cr.P.C."

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Search Results for "Section 319 Cr.P.C."

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Supreme Court

Insufficient grounds for invoking Section 319 Cr.P.C. in the absence of credible witnesses and documentary evidence.

2 May 2024

Lack of Sufficient Evidence and Inconsistencies in Deposition Lead to Reversal of Summons Order. Legal case involving an appeal against a summoning o...

Supreme Court

Supreme Court Upholds Conviction of Accused Under Section 302 IPC While Affirming Acquittal of Co-accused in Murder Case. Evidence Established Fatal Injuries Inflicted by One Accused with Kulhari, While Other Only Used Lathi, Not Proving Common Intention for Murder Under Section 34 IPC.

12 Jan 2024

The dispute arose from an incident on 09.01.1999 involving four accused persons—Mohd. Yunus (A1), Mohd. Jamil (A2), Ghasita (A3), and Akhtar Hussain...

Supreme Court

Supreme Court Dismisses Appeal of Police Official in Summoning Order Under Section 319 Cr.P.C. - Upholds Trial Court's Decision Based on Consistent Witness Evidence. The Court Found Sufficient Evidence to Summon Officials for Alleged Extortion and Corruption Under Sections 166, 383, 385 IPC and Prevention of Corruption Act, 1988, Without Requirement of Sanction Under Section 197 Cr.P.C. and Section 19 PC Act.

5 Jan 2024

The appeal arose from a criminal revision dismissed by the High Court of Punjab and Haryana, which upheld a Trial Court order summoning the appellant ...

Supreme Court

Supreme Court Partially Allows Appeal in Murder Conviction Case - Sets Aside High Court's Acquittal Under Section 302/149 IPC and Restores Conviction. The Court held that the accused was part of an unlawful assembly with a common object under Section 149 IPC, making the acquittal erroneous, while upholding the conviction under Section 323 IPC for simple hurt.

11 Apr 2023

The appeal arose from a criminal case where the original complainant, dissatisfied with the High Court's judgment, challenged the partial acquittal of...

Supreme Court

Supreme Court Allows Appeal in Section 319 CrPC Case, Setting Aside High Court's Remand Order. Trial Court's Dismissal of Summoning Application Upheld as Evidence Was Insufficient to Meet the Stringent Threshold for Exercising Discretionary Power Under Section 319 of Code of Criminal Procedure, 1973.

1 Mar 2023

The appeal challenged the Allahabad High Court's order dated 16.05.2017 which had quashed the Trial Court's order dated 15.03.2017 and remanded the ma...

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...

Supreme Court

Supreme Court Upholds Acquittal of Accused in Murder and Attempt to Murder Case Due to Inconsistent Evidence and Unreliable Witnesses. The prosecution failed to prove guilt beyond reasonable doubt under Sections 302, 307, and 149 of the Indian Penal Code, 1860, as eyewitness testimony contained material discrepancies and recovery evidence was unconvincing.

24 Nov 2021

The Supreme Court of India dealt with criminal appeals arising from the acquittal of 11 accused persons by the High Court of Rajasthan. The case origi...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Accused in Cheating Case Due to Lack of Evidence and Abuse of Process. The Court held that the High Court should have exercised inherent powers under Section 482 of the Criminal Procedure Code, 1973 to quash the FIR as no prima facie case was made out against the appellant after police exoneration and compromise with the main accused.

20 Oct 2021

The dispute arose from a criminal complaint filed by Nasib Singh (complainant) against Jaswant Singh (appellant) and others, alleging cheating and bre...

Supreme Court

Supreme Court Quashes Summons Issued Under Section 319 Cr.P.C. and Remands for Fresh Consideration. The Court held that invocation of Section 319 Cr.P.C. requires strong and cogent evidence from the evidence led before the court, and the test is more than prima facie case but short of satisfaction that unrebutted evidence would lead to conviction, setting aside the lower courts' orders based solely on the complainant's deposition.

13 Sep 2021

The Supreme Court of India heard a criminal appeal arising from a Special Leave Petition concerning the invocation of Section 319 of the Code of Crimi...

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