Supreme Court · 2023 INSC 576 · Decided 2 June 2023
Jitendra Nath Mishra v. State of U.P. & Anr
- Court
- Supreme Court of India
- Citation
- 2023 INSC 576 · [2023] 7 S.C.R. 642
- Case number
- CRIMINAL APPEAL No. 978/2022
- Decided
- 2 June 2023
- Bench
- DIPANKAR DATTA, PANKAJ MITHAL (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 419, 420, 323, 406, 506, 504; CrPC Section 319, 173(2)
Headnote
Code of Criminal Procedure, 1973 - s.319 - Exercise of power under - Held: What is essential for exercise of the power u/ s.319 is that the evidence on record must show the involvement of a person in the commission of a crime and that the said arraigned as an accused, should face trial together with the accused already arraigned - However, the court holding a trial, if it intends to exercise power conferred by s.319 must not act mechanically merely on the ground that some evidence has come on record implicating the person sought
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