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    <title>1976 (7) TMI 173 - BOMBAY HIGH COURT</title>
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    <description>Section 319 CrPC can be invoked against a person not already arraigned as an accused only when, during inquiry or trial, evidence before the court indicates commission of an offence triable with the existing accused. Police papers, including statements collected in investigation, are insufficient because the provision requires evidence actually led in court. On that basis, the Magistrate&#039;s reliance on the panchnama and police statement was premature and without jurisdiction. The order adding the petitioner as an accused was therefore invalid, and his name was directed to be deleted from the charge-sheet.</description>
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    <pubDate>Wed, 21 Jul 1976 00:00:00 +0530</pubDate>
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      <title>1976 (7) TMI 173 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=301428</link>
      <description>Section 319 CrPC can be invoked against a person not already arraigned as an accused only when, during inquiry or trial, evidence before the court indicates commission of an offence triable with the existing accused. Police papers, including statements collected in investigation, are insufficient because the provision requires evidence actually led in court. On that basis, the Magistrate&#039;s reliance on the panchnama and police statement was premature and without jurisdiction. The order adding the petitioner as an accused was therefore invalid, and his name was directed to be deleted from the charge-sheet.</description>
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      <pubDate>Wed, 21 Jul 1976 00:00:00 +0530</pubDate>
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