'Prima Facie Evidence' For Summoning An Accused Doesn't Mean Warranting Conviction: Allahabad HC [Read Judgment]
5 years, 4 months ago

'Prima Facie Evidence' For Summoning An Accused Doesn't Mean Warranting Conviction: Allahabad HC [Read Judgment]

Live Law  

The Allahabad High Court on Friday reiterated that a magistrate is obligated to mention his satisfaction as to the existence of a prima facie case, for summoning an accused. It said, "Learned Magistrate was required to atleast mention in the order about the prima facie satisfaction for summoning the accused. These words suggest that the Magistrate has to apply his mind to a complaint at the initial stage itself and see whether a case is made out against the accused persons before issuing process to them on the basis of the complaint… It is settled principle that while summoning an accused, the court has to see prima facie evidence. The enquiry u/s 202 CrPC is limited only to ascertain of truth or falsehood of allegations made in the complaint and whether on the material placed by the complainant a prima facie case was made out for summoning the accused or not."

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History of this topic

SC stays Allahabad HC observations on rape, terms its approach 'insensitive', ' inhuman'
4 hours, 52 minutes ago

SC stays Allahabad HC observations on rape, terms its approach 'insensitive', ' inhuman'

Hindustan Times  

New Delhi, Coming down hard on the Allahabad High Court's observations that mere grabbing of breast and pulling the string of a 'pyjama' do not amount to offence of rape, the Supreme Court on Wednesday stayed them and said they depicted "total insensitiveness" and an "inhuman approach". SC stays Allahabad HC observations on rape, terms its approach 'insensitive', ' inhuman' …

Prima Facie Opinion By Court At Stage Of Bail Application Not Binding On Investigation Or Trial: Kerala High Court
3 weeks, 4 days ago

Prima Facie Opinion By Court At Stage Of Bail Application Not Binding On Investigation Or Trial: Kerala High Court

Live Law  

In a significant ruling, the Kerala High Court held that a prima facie opinion at the bail application stage would not impact the investigation and trial. Court stated, “A finding of a prima facie case at the bail application stage is not binding to the trial court at the time of final disposal of that case. Therefore, simply because a …

S. 319 CrPC | Degree Of Satisfaction To Summon Additional Accused Must Be Higher Than The Standards Required At Framing Of Charges Stage: Allahabad HC
2 months ago

S. 319 CrPC | Degree Of Satisfaction To Summon Additional Accused Must Be Higher Than The Standards Required At Framing Of Charges Stage: Allahabad HC

Live Law  

The Allahabad High Court has observed that after the commencement of the trial, the degree of satisfaction required to be recorded by the trial court while summoning any other person as an additional accused under Section 319 CrPC should be more than the standards needed for the stage of framing of charges. However, during the trial, when the prosecution had …

Prima Facie Case Alone Insufficient to Appoint Court Receiver; Compelling Reasons Required : Supreme Court
4 months ago

Prima Facie Case Alone Insufficient to Appoint Court Receiver; Compelling Reasons Required : Supreme Court

Live Law  

The Supreme Court recently observed that expressions like "prima facie case" or "conduct" alone are insufficient to justify the appointment of a Court Receiver. The Court emphasized that a compelling reason must be provided, demonstrating how the property would deteriorate without the Receiver's intervention.The appellant contested the High Court's decision to appoint a court receiver for. The bench comprising Justice …

For Summoning Accused, Prima Facie Case Made Out From Allegations In Complaint Is Sufficient: Supreme Court
10 months, 3 weeks ago

For Summoning Accused, Prima Facie Case Made Out From Allegations In Complaint Is Sufficient: Supreme Court

Live Law  

For summoning of an accused, prima facie case made out on the basis of allegations in the complaint and the pre-summoning evidence led by the complainant is sufficient, the Supreme Court held.Reversing the findings of the High Court and Sessions Court which had quashed the issuance of summons, the bench comprising Justices C.T. For summoning of an accused, prima facie …

Prima Facie Proof Needed To Interpret S. 8 Invocation, M.P High Court Applies Prima Facie Approach, Dismisses Revision Based On Lack Of Proof
1 year, 1 month ago

Prima Facie Proof Needed To Interpret S. 8 Invocation, M.P High Court Applies Prima Facie Approach, Dismisses Revision Based On Lack Of Proof

Live Law  

The High Court of Madhya Pradesh bench comprising Justice Achal Kumar Paliwal dismissed a revision petition seeking to invoke Section 8 of the Arbitration and Conciliation Act, 1996 based on a dispute related to the transfer of cheques under a partnership deed. The High Court noted there was no record suggesting that the mentioned amount was provided to the Petitioner …

Court Can Summon Accused U/S 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Allahabad High Court
2 years, 11 months ago

Court Can Summon Accused U/S 319 CrPC Even On The Basis Of Examination-In-Chief Of Witness: Allahabad High Court

Live Law  

The Allahabad High Court has observed that a court can summon a person under Section 319 of the Code Of Criminal Procedure, 1973, only on the basis of examination-in-chief of witness and the Court need not wait for the evidence of such witness to be tested by cross-examination.Here it may be noted that as per Section 319 of CrPC, in …

Framing Of Charges | Investigation Into Offence & Elaborate Appreciation Of Evidence Discouraged, Only Prima Facie Material Significant: Delhi HC
2 years, 11 months ago

Framing Of Charges | Investigation Into Offence & Elaborate Appreciation Of Evidence Discouraged, Only Prima Facie Material Significant: Delhi HC

Live Law  

The Delhi High Court has observed that an investigation into the offence and elaborate appreciation of evidence is not required and is rather discouraged at the stage of framing of charges and that only the material prima facie establishing a case against or in favour of the accused is what is significant.Justice Chandra Dhari Singh added that as per the …

A More Than Prima Facie Case Needed To Summon A Person As Accused U/S 319, Cr.P.C.: Uttarakhand High Court Reiterates
3 years ago

A More Than Prima Facie Case Needed To Summon A Person As Accused U/S 319, Cr.P.C.: Uttarakhand High Court Reiterates

Live Law  

The Uttarakhand High Court has reiterated that a more than prima facie case is needed to be presented to summon a person under Section 319 of the Code of Criminal Procedure. While dismissing a revision against the trial Court order of such summon, a Single Judge Bench of Justice Narayan Singh Dhanik observed, "Therefore, it is amply clear that in …

'Strong Suspicion' Of Prima Facie Case Based On Materials On Record Sufficient To Frame Charges; Need Not Assess Probative Value Of Evidence: Delhi HC
3 years, 1 month ago

'Strong Suspicion' Of Prima Facie Case Based On Materials On Record Sufficient To Frame Charges; Need Not Assess Probative Value Of Evidence: Delhi HC

Live Law  

The Delhi High Court recently dismissed a Revision Petition filed against an order of the Additional Sessions Judge framing the charge of murder against the accused-revisionist. Justice Rajnish Bhatnagar held: "When the material placed before the Court discloses great suspicion against the accused which has not been properly explained, the Court will be justified in framing charge. Aggrieved, the Accused …

Disregard Shown By Senior Officials To Court's Orders Has Grave Consequences On The Rule Of Law In Country: Allahabad High Court
3 years, 9 months ago

Disregard Shown By Senior Officials To Court's Orders Has Grave Consequences On The Rule Of Law In Country: Allahabad High Court

Live Law  

In a significant observation, the Allahabad High Court today observed that the disregard shown by the senior-most officials to the orders passed by the Court has grave consequences on the rule of law in the country.The Bench of Justice Ajay Bhanot further remarked that it has repeatedly noticed the failure of the police authorities to provide instructions to the learned …

'Frequent & Causal Summoning Of High Officials By Court Cannot Be Appreciated': Supreme Court
3 years, 11 months ago

'Frequent & Causal Summoning Of High Officials By Court Cannot Be Appreciated': Supreme Court

Live Law  

"The frequent, causal and lackadaisical summoning of high officials by the Court cannot be appreciated," the Supreme Court observed on Wednesday in a SLP filed by the UP Government against a summoning order passed by the Allahabad High Court in a contempt case. The remarks were made by a Division Bench comprising of Justices Sanjay Kishan Kaul and Hemant Gupta …

Allahabad High Court Lays Down Procedure & Standard Of Evidence For Enquiry Into Criminal Antecedents Of A Candidate During Selection Process
3 years, 11 months ago

Allahabad High Court Lays Down Procedure & Standard Of Evidence For Enquiry Into Criminal Antecedents Of A Candidate During Selection Process

Live Law  

In a significant judgment, the Allahabad High Court has laid down the procedure to be adopted by the competent authority for inquiring into the criminal antecedents of a candidate for the purpose of selection. Failure to prove an offence before a court of law in a 12 criminal trial may not reduce the probative value of said evidence before the …

A Detailed Order Is Not Required Under Sec 228 Of CrPC, If There's A Prima Facie Ground : Delhi HC [Read Order]
5 years, 4 months ago

A Detailed Order Is Not Required Under Sec 228 Of CrPC, If There's A Prima Facie Ground : Delhi HC [Read Order]

Live Law  

Delhi High Court has held that the order of the trial court on charge need not be a lengthy or a detailed one. Such an order should indicate that in the opinion of the trial court a prima facie case is made out. It was contended that no reason has been assigned as to on what basis the trial court …

SC Quashes Allahabad High Court’s Summons To U.P.Chief Secretary, And Expunges Its Adverse Remarks Against The State’s Advocate General [Read Order]
7 years, 6 months ago

SC Quashes Allahabad High Court’s Summons To U.P.Chief Secretary, And Expunges Its Adverse Remarks Against The State’s Advocate General [Read Order]

Live Law  

The Supreme Court bench of Justices Arun Mishra and Mohan M.Shantanagoudar, on September 8, protected the Uttar Pradesh Advocate General, Raghavendra Singh, whose failure to appear before the Allahabad High Court, despite repeated calls to him on July 28, forced the High Court to summon the state Chief Secretary, to express its displeasure.The High Court bench of Justices Ramesh Sinha …

For Adding Additional Accused (S.319 CrPC) Strong Evidence On His Complicity Required: SC [Read Judgment]
7 years, 10 months ago

For Adding Additional Accused (S.319 CrPC) Strong Evidence On His Complicity Required: SC [Read Judgment]

Live Law  

The prima facie opinion to be formed requires stronger evidence than mere probability of his complicity, it said.The Supreme Court, in Brijendra Singh vs State of Rajasthan, has observed that the degree of satisfaction to exercise power under Section 319 CrPC to summon persons not arraigned as accused is more than the degree warranted at the time of framing of …

For Adding Additional Accused (S.319 CrPC) Strong Evidence On His Complicity Required: SC [Read Judgment]
7 years, 10 months ago

For Adding Additional Accused (S.319 CrPC) Strong Evidence On His Complicity Required: SC [Read Judgment]

Live Law  

The prima facie opinion to be formed requires stronger evidence than mere probability of his complicity, it said.The Supreme Court, in Brijendra Singh vs State of Rajasthan, has observed that the degree of satisfaction to exercise power under Section 319 CrPC to summon persons not arraigned as accused is more than the degree warranted at the time of framing of …

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