Supreme Court of India
Babubhai Bhimabhai Bokhiria & Anr. v. State of Gujarat & Ors.
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From the headnote
Code of Criminal Procedure, 1973: s.319 - Scope of - Held: s.319 confers power on the trial court to find out whether a person who ought to have been added as an accused has · erroneously been omitted or has deliberately been excluded by the investigating agency and that satisfaction has to be arrived at on the basis of the evidence so led during the trial - The degree of satisfaction for invoking power uls.319 is much higher though the test of prima facie case being made out is same as that when the cognizance of the offence is taken and process issued - In the instant case, the trial court
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