Supreme Court · 2014 INSC 243 · Decided 3 April 2014
Babubhai Bhimabhai Bokhiria & ANR. v. State of Gujarat & ORS.
- Court
- Supreme Court of India
- Citation
- 2014 INSC 243 · [2014] 4 S.C.R. 652
- Case number
- CRIMINAL APPEAL No. 735/2014
- Decided
- 3 April 2014
- Bench
- C.K. PRASAD, PINAKI CHANDRA GHOSE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 319, 173(8); Evidence Act Section 32, 32(1)
Headnote
Code of Criminal Procedure, 1973: s.319 - Scope of - C Held: s.319 confers power on the trial court to find out whether a person who ought to have been added as an accused has · erroneously been omitted or has deliberately been excluded by the investigating agency and that at on the basis of the evidence so led during the trial D - The degree of satisfaction for invoking power uls.319 is much higher though the test of prima facie case being made out is same as that when the cognizance of the offence is taken and process issued - In the instant case, the trial
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)