In the case of Vinod vs. State of Rajasthan, Manu/SC/70052008, the Hon'ble Apex Court has held that to attract the provisions of Section 364A IPC what is required to be proved is:-
3. This criminal revision has been filed challenging the order dated 31.03.2023 passed by Additional Chief Judicial Magistrate, Khurja in Complaint Case No.1032 of 2015 (Vinod Singh Vs. Raj Kumar) under Sections 420 and 406 I.P.C. Police Stationk-Khurja Nagar, District- Bulandshahr whereby application under Section 311 Cr.P.C. filed by revisionist for recalling P.W.1, Vinod Singh before court below has been rejected.