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“The Trial Court can take such a step to add such persons as accused only on the basis of evidence adduced before it and not on the basis of materials available in the chargesheet or the case diary, because such materials contained in the chargesheet, or the case diary do not constitute evidence.”
The Calcutta High Court held the power under Section 319 of the CrPC should be exercised sparingly and based on strong and cogent evidence, not mere probability of complicity.
The Supreme Court directed the Trial Court to follow the guidelines extensively iterated by the Constitution Bench in the case of Sukhpal Singh Khaira for summoning the appellant as an additional accused.
On 10.05.2019, a division Bench had observed that the question with regard to the actual stage at which the trial is said to have concluded is required to be authoritatively considered since the power under Section 319 of CrPC is extraordinary in nature.
Uttaranchal High Court: While allowing the revision petitions, the single judge bench of Ravindra Maithani, J. has held that Sessions
“The power cannot be exercised in a casual and cavalier manner.”
Supreme Court: In case where a man tried to rope in other relatives of his wife in a criminal proceeding that he
Supreme Court: In an appeal filed against the decision of the Allahabad High Court where it had rejected the application under Section
Delhi High Court: The Bench of Sanjeev Sachdeva, J. without expressing any opinion on merits of the case, directed the trial court to
Bombay High Court: The Bench of Mangesh S. Patil, J. dismissed a revision petition filed against the order of Additional Sessions Judge rejecting