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ROBIN PHUKAN
Sri Bharat Ch. Haloi S/o Late Probin Ch. Haloi – Appellant
Versus
State Of Assam And Anr. Represented By The Public Prosecutor, Assam – Respondent
JUDGMENT :
Heard Mr. T. Deuri, learned counsel for the petitioner. Also heard Mr. P.S. Lahkar, learned Addl. Public Prosecutor, Assam appearing for the State respondent.
2. In this petition, under Section 482 of the Code of Criminal Procedure, 1973, the petitioner, namely, Sri Bharat Ch. Haloi has put to challenge the order dated 24.05.2019, passed by the learned Addl. Sessions Judge, Bajalil, in Sessions Case No.43/2018. It is to be noted here that vide the impugned order dated 24.05.2019, the learned Court below has invoked the jurisdiction under Section 319 of the CrPC and taken cognizance of the offence under Sections 489-B/489-C/34 of the IPC, against petitioner Bharat Ch. Haloi in Sessions Case No.43/2018.
3. The factual background of filing of the present petition is briefly stated as under:
Mere ownership of a vehicle doesn’t imply complicity in a crime unless there is evidence of knowledge of its use for illegal acts.
The discretionary nature of Section 319 Cr.P.C., the requirement of stronger evidence than mere probability of complicity, and the court's active role in eliciting necessary materials and finding the....
The discretion to invoke the power under Section 319 of CrPC is to be exercised sparingly and only in cases where strong and cogent evidence warrants such action. The individual act of the accused sh....
The judgment emphasizes that invoking Section 319 Cr.P.C. requires evidence that, if unrebutted, would lead to conviction, and the court should refrain from exercising this power without such satisfa....
Ganja - Power to proceed against other persons appearing to be guilty of offence - Section 319 Cr.P.C. is to be invoked sparingly ensuring that principles of rule of law and the basic tenets of crimi....
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.
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