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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
MEHROZ K.PATHAN
Rukminbai Vishnu Karad – Appellant
Versus
State Of Maharashtra – Respondent
| Table of Content |
|---|
| 1. connected writ petitions challenge partial section 319 order. (Para 1 , 2 , 3 , 4) |
| 2. initial omissions falsify later claims; higher s.319 standard required. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. complainant's s.164 statement and deposition justify accused addition. (Para 14 , 15 , 16 , 17) |
| 4. s.319 demands evidence sufficient for conviction if unrebutted. (Para 18 , 19 , 20 , 21) |
| 5. omissions in fir and witnesses vitiate trial court satisfaction. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 6. quash addition of three; uphold rejection of conspirators. (Para 32 , 33 , 34 , 35) |
JUDGMENT :
MEHROZ K. PATHAN, J.
1. Rule. Rule made returnable forthwith.
2. Criminal Writ Petition No. 1935 of 2024 is filed by the applicants – Rukminbai Vishnu Karad, Pallavi Bharat Karad and Vijay Shahaji Gambhire, thereby challenging the order dated 23.09.2024 passed below Exhibit 50 under Section 319 of the Code of Criminal Procedure in Sessions Case No. 18 of 2021 by the Court of the learned Additional Sessions Judge-3, Latur, whereby the present applicants were directed to be added as accused in the said crime and to be tried together with the charge-sheeted accused.
Section 319 CrPC invocation requires strong cogent evidence where, if unrebutted, conviction likely; prior omissions in complaint and eye-witness statements vitiate reliance on later examination-in-c....
Section 319 CrPC invocation demands strong cogent evidence higher than prima facie, where unrebutted it would lead to conviction; initial FIR and eyewitness omissions undermine later testimony despit....
The power under Section 319 Cr.P.C is discretionary and should be exercised sparingly, only when strong and cogent evidence occurs against a person from the evidence led before the court.
(1) Powers under Section 319 Cr.P.C. can be exercised at any stage before final conclusion of trial.(2) On the basis of examination-in-chief of a witness if a case is made out, a person can be summon....
The court established that under Section 319 of the Cr.P.C., strong and cogent evidence is necessary to summon an additional accused, and mere witness testimony without corroboration is insufficient.
Section 319 CrPC empowers summoning additional accused on examination-in-chief alone if it prima facie shows complicity beyond mere possibility, without needing cross-examination or Section 161 corro....
The court clarified that under Section 319 Cr.P.C., a prima facie case is sufficient for summoning additional accused, emphasizing that evidence merits are to be assessed during the trial.
The central legal point established in the judgment is the sparing exercise of power under Section 319 of Cr.P.C., emphasizing the need for evidence and the guidelines to be followed by the court whi....
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