Code of Criminal Procedure, 1973 – s. 319 – Power to proceed against other persons appearing to be guilty of offence – Case of misappropriation of paddy against father of the informant – Application u/s. 319 for summoning the appellant-Inspector investigating the crime and three other police officials – Allegation against them that they demanded money – Application allowed by the trial court – Said order upheld by the High Court – Interference with: Held: Statement of the informant providing complete facts with respect to the conduct of the police officials immediately after surrender of his father – Statement consistent throughout the investigation and trial, and with the other witnesses-complainant’s wife and his father giving the same details – Witnesses equivocally narrated the incidents that took place at different places regarding threats, demand of huge sum of money, torture of the father – In view thereof, there appears to be prima facie evidence on record to make it a triable case as against the appellant – Thus, the order passed by the High Court not interfered with. [Paras 8, 14]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.