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

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