Supreme Court · 2008 INSC 283 · Decided 3 March 2008
Kailash v. State of Rajasthan & ANR.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 283 · [2008] 3 S.C.R. 702
- Case number
- CRIMINAL APPEAL No. 416/2008
- Decided
- 3 March 2008
- Bench
- S.B. SINHA, V.S. SIRPURKAR (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 319; CrPC Section 319
Headnote
702 A KAI LASH v. STATE OF RAJASTHAN & ANR. (Criminal Appeal No. 416 of 2008) 8 MARCH 3, 2008 (S.B. SINHA AND V.S. SIRPURKAR, JJ.) .. Code of Criminal Procedure, 1973: • c s.319 - Application to proceed against 'other person' as an accused - Rejected by trial court - Revision before Act- High Court directing trial court to re-hear application uls 319- D Held: Trial court had properly considered the evidence and concluded that there was no possibility of convicting the said 'other person' - High Court merely relied on reported decision - It should have examined independently
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