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).
Veer Bal Diwas: PM Modi said on Veer Bal Diwas, 'Today's youth wants to do something'
Veer Bal Diwas program was celebrated today at Bharat Mandapam in Delhi. Prime Minister Narendra Modi arrived to participate in this program. Where children performed in the program. PM Modi was
Omicron: First death due to Omicron in Australia, amidst danger, Singapore removed ban from 10 African countries, know the condition of other countries
Australia-Singapore Omicron: In Australia's New South Wales city, the first death from the new variant of the coronavirus 'Omicron' has been confirmed and more than six thousand new cases of Covid-19
G7 Summit: Georgia Meloni welcomed guests with folded hands; See the special style of Italy's PM doing 'Namaste'
The G7 summit is being held at the southern Italian coastal resort Borgo Egnazia in Puglia, Italy. This is happening at a time when the Russia-Ukraine war is entering its third year and Israel's fight
'I ended my relationship with Tunisha after Shraddha murder', says lover Sheejan in police interrogation
In the case of TV actress Tunisha Sharma's death, the main accused has made a big disclosure. Sheezan Khan, Tunisha's ex-boyfriend, has reportedly told the police that he was "so disturbed by the
Rishabh Pant Jersey: Pant made a comeback wearing Virat Kohli's jersey number 18, funny stump mic comments went viral
India's star wicketkeeper-batsman, Rishabh Pant, made his national comeback on Thursday in the unofficial Test match against South Africa A.
Crime Branch reveals Rohit Shetty firing case: Accused posed as a mechanic and worked for Bishnoi gang
The Mumbai Crime Branch has now made significant revelations regarding the shooting incident at the home of renowned Bollywood producer-director Rohit Shetty. The Crime Branch has clarified that Rohit
IND vs SA: After the defeat in the second ODI, Rahul said that the toss was important, did not scoring many runs in the death overs prove costly?
Indian captain KL Rahul admitted that India's inability to score enough runs in the death overs cost them dearly, but he believes the toss played a key role in the second ODI against South Africa.
The American defense industry in crisis: The target of companies is not being met without Indian talent, science degree holders can get an exemption
The disadvantages of limiting green card visas are beginning to appear in the US under the policy of deterring foreign professionals. The US defense and semiconductor manufacturing industry is
Delhi High Court dismissed the petition seeking Bharat Ratna to Ratan Tata, know what was said?
Ratan Tata: The Delhi High Court on Thursday dismissed a petition seeking to confer Bharat Ratna, the highest civilian honor, to former Tata Sons chairman and philanthropist industrialist Ratan Tata
Vistara Issue: 70 Vistara flights may be canceled today, and 160 flights delayed since the last day; Know the reason
Many flights of Vistara Airlines have been canceled again today. According to media reports, the company's five flights to New Delhi, three to Bangalore, and two to Kolkata have been canceled. Vistara
