Supreme Court of India
Shiv Baran v. State of U.P. & 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.
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 8
From the headnote
Issue for Consideration Matter pertains to the correctness of the order passed by the High Court quashing the summons issued against respondent u/s.319 CrPC by the trial court. Headnotes† Code of Criminal Procedure, 1973 – s.319 – Power to proceed against other persons appearing to be guilty of offence – Exercise of power u/s.319 – High Court quashed the summons issued against respondent u/s.319 by the trial court – Challenge to: Held: Summoning order passed by the trial court restored and the impugned order set aside – Power u/s.319 must be exercised sparingly – However, where the evidence
Authorities it was built on
- 2014 Hardeep Singh v. State of Punjab & Ors.
- 2017 S. Mohammed Ispahani v. Yogendra Chandak & Others
- 2017 Brijendra Singh & Ors. v. State of Rajasthan
- 2021 Ramesh Chandra Srivastava v. The State of U. P. & Anr.
- 2018 Labhuji Amratji Thakor & Ors. v. The State of Gujarat & Anr.
- 2025 Omi @ Omkar Rathore & Anr. v. The State of Madhya Pradesh & Anr.
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.