Supreme Court of India
Vikas Rathi v. The State of U.P. & Anr.
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What the Court ordered
We hold that though only a prima facie case is to be established from the evidence laid before the court, not necessarily tested on the anvil of cross-examin ation, it requires much strong evidence that near probability of his VIKAS RATHI v.
Judgment, page 4
From the headnote
Code of Criminal Procedure, 1973 : s. 319 – Summoning o f additional accused – Murder of a person working in the appellant’ s firm – Complaint by the brother of the deceased – FI R registered against unknown persons – However, after two months , complaint by the wife of the deceased against the appellant – Appellant listed as a prosecution witness – Application u/s. 319 by the complaina nt to summon the appellant as accused – Dismissed by the trial c ourt – High Court quashed the order passed by trial court and reman ded the matter – On appeal, held: On consideration of t he evidence already
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