Amar Singh Kamria and Ors. Vs. State of M.P. & Anr.
CODE OF CRIMINAL PROCEDURE, 1973 (CrPC)
Section 482 - Saving of inherent powers of High Court
Section 319 - Power to proceed against other persons appearing to be guilty of offence
Madhya Pradesh High Court (Single Judge)
MCRC, 24766 of 2017, Judgment Date: Dec 06, 2017
Law Laid Down -
1. An application u/s 319 Cr.P.C is entertainable only when implicative evidence (documentary or oral) having probative value more convincing than grave suspicion is brought on record during trial. The other pieces of evidence which have already been brought on record between the stages of taking cognizance and the commencement of trial can be used only for corroborative purpose. Meaning thereby that if any evidence is considered during the investigative process and is not brought on record between the stage of taking cognizance and commencement of trial, cannot be considered even for corroborative purpose while invoking Sec. 319 Cr.P.C.
2. For the purpose of ascertainment of scope, purport and sweep of the expression “evidence” found in Sec. 319 Cr.P.C. law laid down by the five Judge Bench decision in the case of Hardeep Singh Vs. State of Punjab and Ors. reported in (2014) 3 SCC 92 prevails upon the subsequent Division Bench decision of Apex Court in the case of Brijendra Singh and Ors. Vs. State of Rajasthan reported in (2017) 7 SCC 706.
Amar Singh Kamria and Ors. Vs. State of M.P. & Anr.