Supreme Court of India
Jogendra Yadav & Ors. v. State of Bihar &anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that though only a pnina facie case is to be established from the evidence led before the court, not necessarily tested on the anvil of cross examination, it requires much stronger evidence than mere probability of his complicity.
Judgment, page 9
From the headnote
Code of Criminal Procedure, 1973: ss. 319, 227 - Nature and power under- Discussed. ss. 319, 227 - Discharge uls.227 in case of person added as accused u/s.319-Permissibility- Held: person who is added as accused uls. 319 is not entitled to the remedy c of discharge uls. 227 since it would be contrary to the scheme and intent of Code - The exercise of the power uls. 319 must be placed on a higher pedestal - The accused summoned u/s.319 are entitled to invoke remedy under law against an illegal or improper exercise of the power uls.319, but cannot have the effect of the order undone by seeking
Authorities it was built on
Where later benches applied it
- 2024 N. Manogar & Anr. v. The Inspector of Police & Ors.
- 2023 Yashodhan Singh & Ors. v. The State of Uttar Pradesh & Anr.
Of those, 2 referred to
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