Supreme Court of India

Ajay Kumar @ Bittu & Anr. v. State of Uttarakhand & Anr.

Neutral citation
Reported as [2021] 1 S.C.R. 191
Bench Ashok Bhushan, R. Subhash Reddy and M. R. Shah JJ.
Decided 29 January 2021

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.

What the Court ordered

We hold that though only a prima 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 6

From the headnote

Code of Criminal Procedure, 1973: s. 319 – Application under – Appellants summoned by order dated 17.8.2019 – As the appellants did not appear before the Court, bailable warrant issued on 5.9.2019 and non-bailabl e warrant issued on 18.9.2019 issuing notice u/s. 446 Cr. P. . – Criminal Revision by appellants against order dated 17.8.2019 – High Cour t dismissed the Revision on the ground that there was concealment o f fact as order dated 18.9.2019 was not placed on record – Appeal to Supreme Court – Held: Power u/s. 319 is extra-or dinary and discretionary and has to be exercised sparingly –

Authorities it was built on

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