The Supreme Court has held that if a person is not an accused, but it appears that he has committed an offense, then in such cases, the courts cannot negligently exercise the rights.
The top court said that courts can exercise their power to take action against such a person only if there is sufficient and strong evidence against him.
Under Section 319 of the Code of Criminal Procedure (CrPC), when, during the investigation or trial of an offense, it appears from the evidence that a person not made an accused in the case has committed the offense, the court may proceed against such person.
A bench of Justices KM Joseph and PS Narasimha, during the hearing of a criminal case, observed that this is another matter in which a new person in the exercise of power under section 319 of CrPC by issuing summons has to be sent to this court. has been brought in.
The bench said that only when there is sufficient and strong evidence against a person, section 319 should be invoked.
The apex court made the remarks while delivering its verdict on a petition filed by Ramesh Chandra Srivastava. The body of Srivastava's driver was found in 2015. The wife of the deceased alleged and gave a statement in the court that Srivastava has not been made an accused, but he killed her husband with the help of his friends.
The trial court had summoned Srivastava as an accused based on the statement of the wife of the deceased. Srivastava then challenged the order of the lower court in the High Court, but his petition was rejected in the High Court, after which he approached the apex court.
The court allowed Srivastava's appeal and set aside the Allahabad High Court order and the lower court's order to summon him as an accused.
The bench said that the sessions judge will hear the matter on September 30, 2021. All the parties will be present on that day. Thereafter, the court shall pass appropriate orders keeping in view the principles laid down by this court in the Hardeep Singh case (2014 verdict).
Ethics Committee Report: 'Maa Durga has come, now I will see' Mahua Moitra's attack on the government; Lok Sabha proceedings adjourned
The report of the Parliament's Ethics Committee on the alleged cash-for-query case will be presented in the Lok Sabha on Friday i.e. today. Earlier, Trinamool Congress MP Mahua Moitra made a big
Riots at metro station...: Muslims Youth jumped out of the exit gate, video of Jama Masjid station went viral; DMRC gave clarification
A video of the Delhi Metro is becoming increasingly viral on social media. In which some people are seen jumping out of the exit gate of the metro station. After which a statement from Delhi Metro has
Why are terrorists again targeting non-Muslims in Kashmir? DGP told what is the evil plan of terrorists
Frustrated by the ever-changing environment in the Kashmir Valley after the abrogation of Article 370 and improving conditions for the return of Kashmiri Pandits, pro-Pakistan terrorists have once
PSEB 8th Result 2023 Out Punjab Board 8th result released, 98.01% pass percentage, less than previous years
PSEB 8th Class Result 2023: The result of the class VIII board exam has been released by the Punjab Board on Friday, April 28. Around three lakh candidates appeared in the examination. PSEB
Seema Haider love story: left late at night after questioning, now the team was taken along again, important inputs were received from IB
For the love of PUBG partner Sachin Meena, Seema Haider, who came to India via Nepal with four children from Pakistan, was taken with her by the ATS (Anti Terrorist Squad) on Monday. ATS interrogated
Gyanvapi Case: Hearing on the petition of the Muslim side in the Gyanvapi case, the Varanasi Court's decision
In the Gyanvapi case, the petition of the Muslim side will be heard first. Varanasi Court has given this decision after a hearing. Now the matter will be heard in Varanasi district court on May 26.
Corona's new guideline: 7 days isolation instead of 14 for patients without or mild symptoms, necessary oxygen saturation also 93% instead of 94%
Corona patients with no symptoms or mild symptoms will now have to remain isolated or quarantined at their homes for only 7 days instead of 14 days. Not only this, in the latest guidelines of the
Bangladesh violence: How much danger is there for India from the Bangladesh border, what is the Indian government's preparation? Read everything here
The India-Bangladesh border, one of the most dangerous borders in the world, has always been sensitive. The 4096 km long international border between India and Bangladesh is the fifth largest land
School closed in Jaipur till 8th class: In Rajasthan, only 100 people will be able to attend weddings and 20 people in funerals; Prasad ban at religious places
Due to the increasing cases of the corona, the Rajasthan government has increased the restrictions. Schools (government and private) from class I to VIII have been closed in both the municipal
Protest: Suspended MPs ate chicken in front of Gandhi statue in Parliament, Poonawalla said - is it a dharna or a spectacle
The MPs, suspended from the House for a week on allegations of creating ruckus in Parliament, are sitting on a 50-hour protest. These 20 MPs of the opposition have set up a stand in front of the
