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1 - 10 of 15 (0.31 seconds)Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Kailash vs State Of Rajasthan & Anr on 3 March, 2008
"9. The standard of proof employed for summoning a person as an accused person under Section 319 Cr.P.C. is higher than the standard of proof employed for framing a charge against the accused person. The power under Section 319 Cr.P.C. should be exercised sparingly. As held in Kailash v. State of Rajasthan and another (2008) 14 SCC 51, ?the power of summoning an additional accused under Section 319 Cr.P.C. should be exercised sparingly. The key words in Section are ?it appears from the evidence??.?any person??.?has committed any offence?. It is not, therefore, that merely because some witnesses have mentioned the name of such person or that there is some material against that person, the discretion under Section 319 Cr.P.C. would be used by the court.?