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
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