decided on merit. Even in the
first complaint report under Section 202 Cr.P.C. was given by the police
holding that a fraud ... admitted fact that sub-standard material was delivered which was also
found by the police in the report under Section 202
accused who has been added under Section 319 of
the Cr.P.C. We are of the view, for the reasons given above that this ... under Section 319 of the Cr.P.C., for
summoning an accused, on the basis of a higher standard of proof
totally infructuous and futile
Sunita. If later on, any statement is recorded under Section
161 Cr.P.C. or the statement is made in the Court specifying the role ... powers under Section 319 Cr.P.C. should be used sparingly. Standards of
proof required for summoning additional accused, is more than prima facie
accused who has been added under Section 319 of
the Cr.P.C. We are of the view, for the reasons given above that this ... under Section 319 of the Cr.P.C., for
summoning an accused, on the basis of a higher standard of proof
totally infructuous and futile
accused who has been added under Section 319
of the Cr.P.C. We are of the view, for the reasons given above that
this ... under Section 319 of
the Cr.P.C., for summoning an accused, on the basis of a higher
standard of proof totally infructuous and futile
present petitioner to
summon him under Section 319 Cr.P.C. It is settled law that standard of
proof for summoning additional accused is somewhat ... learned Judge, Special Court, Patiala,
summoning the present petitioner under Section 319 Cr.P.C., is not as per
law and the same
person as an additional accused under Section 319
Cr.P.C. The said standard has to be certainly more than that of a prima ... trial Court
for decision of the application under Section 319 Cr.P.C. afresh, in
accordance with law. The petitioners shall not be entitled
said sample, batch
number/ code number, month and year of manufacturing packing and Bureau
of Indian Standard Certificate Mark are not mentioned/ written
IPC.
Thereafter however, the petitioner filed an application before the
learned Sub Divisional Judicial Magistrate on 31.07.2012, contending therein
that as per his 5th standard ... that in the present case, the petitioner
having relied upon his 5th standard certificate, issued by a State established
Education Board, the learned SDJM
Section
34 IPC. On 27.6.2011, the dead body of Brij Kishore was found in the
bank of Canal and, thereafter, Section 302 IPC was added ... produced on
record a petition filed by her mother under Section 125 Cr.P.C. against his
father on 11.8.993 in which, in para
