DINESH S/O SHRI HAR PRASAD Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2018-5-257
HIGH COURT OF RAJASTHAN
Decided on May 09,2018

Dinesh S/O Shri Har Prasad Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

DEEPAK MAHESHWARI, J. - (1.) Heard learned counsel for the accused-petitioners as also learned Public Prosecutor.
(2.) This revision petition has been preferred against the order dated 27.4.2018 whereby the accused-petitioners have been added as additional accused under the provisions of Section 319 Cr.PC by learned trial Court.
(3.) Counsel for the accused-petitioners submit that in the order impugned learned trial Court has observed that as prima facie case appears to have been made out against the accusedpetitioners for the offence under Sections 147, 148, 323, 341 302 read with Section 149 IPC, cognizance has taken against them. Counsel submit that at the stage of taking cognizance under Section 319 Cr.PC only prima facie case is not sufficient to be established but even more cogent and clinching evidence is required than that which is needed at the stage of framing the charges. Without coming to the conclusion that such cogent and clinching evidence is available to call the accused-petitioners as additional accused, the trial Court has ordered to add them as additional accused persons under Section 319 Cr.PC.;


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