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1 - 10 of 10 (0.59 seconds)The Code of Criminal Procedure, 1973
Section 34 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 173 in The Code of Criminal Procedure, 1973 [Entire Act]
Govindasamy, Palaniswamy, ... vs State By Inspector Of Police on 23 October, 2003
10. The provisions of Section 319 Cr.P.C is
discretionary and an extra ordinary power given to the Court
in order to do the complete justice. This extra ordinary
power is to be exercised sparingly and only in the cases
where the circumstances of the case so warrants. This extra
ordinary power can not be exercised just on the asking of
the prosecution or the complainant as the summoning of a
person as an accused in a criminal case is a serious matter
and adversely effects the liberty of a citizen. The Hon'ble
Apex Court in case Palanisamy Gounder & Anr V. State,
represented by Inspector of Police, (2005) 12 SCC 327,
has deprecated the practice of invoking the power under
Section 319 Cr.P.C just to conduct a fishing inquiry in the
absence of any valid ground to proceed against the persons
ought to be summoned as additional accused.
Section 323 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 452 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 302 in The Code of Criminal Procedure, 1973 [Entire Act]
Hardeep Singh vs State Of Punjab & Ors on 10 January, 2014
16. As already mentioned there is no medical
SANJAY KHAN
2015.04.27 14:34
I attest to the accuracy and
authenticity of this document
chandigarh
Criminal Revision No. 4019 of 2014 11
evidence to support the allegations against petitioner
Chander that she has given a brick bat blow on the right leg
of prosecution witness Dilbag. Simply the statement of the
complainant Ram Niwas will not meet out the standards laid
down by the Hon'le Apex Court in Hardeep Singh's case
(Supra) to invoke the extra-ordinary provisions of Section
319 Cr.P.C to summon the petitioners as additional
accused.
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