Supreme Court of India
N. Manogar & Anr. v. The Inspector of Police & Ors.
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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-examination, it requires much strong evidence that near probability of his complicity.
Judgment, page 7
From the headnote
Issue for Consideration Whether the High Court was justified in setting aside the order passed by the trial court whereunder, the trial court rejected the application filed by the complainant u/s. 216/319 CrPC seeking the summoning of, and the impleadment of the appellants as accused persons in connection with the case u/ss. 452, 294(b), 323 and 506(1) IPC. Headnotes Code of Criminal Procedure, 1973 – ss. 216/319 – Discretionary powers under – Exercise of, by the High Court – Application by the complainant u/s. 216/319 seeking the summoning of, and the impleadment of the appellants as accused
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