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ROBIN PHUKAN
Ms. Kakoli Goswami, W/o. Pranjal Goswami – Appellant
Versus
State of Assam, represented by the Public Prosecutor – Respondent
JUDGMENT :
Heard Mr. S.J. Sarmah, learned counsel for the petitioner. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1 and Mr. A.A. Dewan, learned counsel appearing for the respondent No.2.
2. Correctness or otherwise of the order dated 28.01.2019, passed by the learned Sub-Divisional Judicial Magistrate, Kaliabor, Nagaon, in PRC Case No.232/2017, registered under Section 420/468/409 of the IPC is challenged in this petition under Section 482 read with Section 397 and 401 of the Code of Criminal Procedure, 1973. It is to be noted here that vide impugned order dated 17.03.2021 the learned Court below has invoked the jurisdiction under Section 319 Cr.P.C. and impleaded the petitioner as one of the accused in the aforementioned case.
3. The background facts leading to filing of the present petition is briefly stated as under:-
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....
For invoking S.319 CrPC, more than a prima facie case must exist; mere allegations are insufficient.
The requirement for invoking jurisdiction under S.319 CrPC necessitates more than a prima facie case, demanding strong evidence.
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 power under Section 319 Cr.P.C. is to be exercised sparingly and requires strong and cogent evidence of the accused's complicity.
The power under Section 319 Cr.P.C. is extraordinary and should be exercised sparingly, requiring strong evidence against the accused.
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