Supreme Court · 2009 INSC 807 · Decided 13 May 2009
Ram Singh & ORS. v. Ram Niwas & ANR.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 807 · [2009] 8 S.C.R. 878
- Case number
- CRIMINAL APPEAL No. 1014/2009
- Decided
- 13 May 2009
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 319
Headnote
CODE OF CRIMINAL PROCEDURE, 1973: c Section 319 - Power to proceed against other persons appearing to be guilty of offence - Scope and applicability of. The question involved in the appeal relates to the scope and application of Section 319 Cr.P.C. ~ D Allowing the appeal, the Court HELD: 1.1. The a serious error in proceeding on the premise that mere E existence of a prima facie case would be sufficient to exercise the court's jurisdiction under Section 319 Cr.P.C. It is necessary for the court to arrive at a satisfaction that -/ the evidence adduced on behalf of the prosecution, if ~.
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