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-examination, 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 of additional accused – Murder of a person working in the appellant’s firm – Complaint by the brother of the deceased – FIR 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 complainant to summon the appellant as accused – Dismissed by the trial court – High Court quashed the order passed by trial court and remanded the matter – On appeal, held: On consideration of the evidence already on…
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