Pandurang Chandrakant Mhatre & Ors vs State Of Maharashtra on 8 October, 2009
In
support of his submission, he placed reliance on the
judgment in the case of Pandurang and others vs.
:5:
State through Police Sub-Inspector, Afzalpur
reported in 2017(3) AKR 345 relating to Section 319 of
Cr.P.C, wherein summoning of accused, the evidence on
record must be sufficient to convict the accused and not
merely to frame charge or to take cognizance and mere
fact that there is some evidence, which would be
sufficient to frame charge, is not sufficient material to
invoke extraordinary power under Section 319 of Cr.P.C.
Whereas, in this petition, notice has been issued on an
application filed under Section 319 of Cr.P.C. to the
proposed accused No.5/petitioner herein, the same has
been challenged. On all these grounds urged, the learned
counsel for the petitioner seeks to set aside the order
passed on an application filed under Section 319 of
Cr.P.C. to arraigned him as accused No.5.