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Mar 30, 2009

CrPC- Sec 319 Michael Machado vs. CBI, [2000 (3) SCC 262] where the essential conditions for the exercise of power under Section 319 of Cr.P.C. had been considered and it was held that the power under Section 319 vested in the Court should be used sparingly and the evidence on which the same was to be invoked should indicate a reasonable prospect of conviction of the persons to be summoned. This Court went on to hold that mere suspicion of the involvement of the person concerned in the offence was not enough, particularly when a large number of witnesses had been examined and no evidence on which conviction could be ecured had been adduced on behalf of the prosecution.

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