Common Intention - The Legal Chamber

The Supreme Court quashed the criminal proceedings, applying the Bhajan Lal principles. It held that the allegations, even if accepted entirely, did not prima facie constitute the offences under Sections 290, 341, 171F IPC, and Section 34 of the Police Act, 1861, as their essential ingredients were absent. Continuing the prosecution was deemed an abuse of the process of law. Facts Of The Case: During the 2019 General Elections, the Model Code of Conduct was in force in Andhra Pradesh. On March 22, 2019, appellants Manchu Mohan Babu, an educational institution chairman, and his son, along with staff and students, conducted a rally and dharna on the Tirupati-Madanapalli Road. They were protesting the state government's failure to provide student fee reimbursements. The gathering, which las...

The Supreme Court clarified the legal principles governing the exercise of power under Section 319 of the CrPC, emphasizing that it can be invoked based on evidence collected during trial, even if the person was not charge-sheeted. The Court held that the standard for summoning an additional accused is stricter than a prima facie case but does not require proof beyond reasonable doubt. The evidence must show strong complicity, and the power should be exercised sparingly to ensure fairness. The Court restored the Trial Court's summoning order, underscoring that the High Court erred in conducting a mini-trial at this stage. The judgment reaffirmed that the provision aims to prevent the guilty from escaping justice. Facts Of The Case: The case arose from an incident on 29th November 2017, w...

Tag: Common Intention

When Protest Isn’t Nuisance: Supreme Court Explains Limits of Police Power, Quashes 5-Year-Old Case

Supreme Court Clarifies When Courts Can Summon New Accused During Trial Section 319 CrPC