Supreme Court · 2018 INSC 1049 · Decided 13 November 2018

Labhuji Amratji Thakor & ORS. v. The State of Gujarat & ANR.

Court
Supreme Court of India
Citation
2018 INSC 1049 · [2018] 13 S.C.R. 822
Case number
CRIMINAL APPEAL No. 1349/2018
Decided
13 November 2018
Bench
A.K. SIKRI, ASHOK BHUSHAN, AJAY RASTOGI (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 363, 366, 3, 4; CrPC Section 319; POCSO Act Section 3, 4

Headnote

Code of Criminal Procedure, 1973: s. 319 - Power under - Scope of - Application under s. 319, alleging complicity of the appellants in a case trying offences u/ss. 363 and 366 IPC and u/ss. 3 and 4 of Protection of Children from - Application was rejected - In Revision High Court allowed the application - On appeal, held: Power u/s. 319 is discretionary and extraordinary, which should be exercised sparingly - The test to be applied is one which is more than prima facie case as exercised at the

Search related judgments

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)