Ashita Bhimsingh Gavit v. the State of Maharashtra and Others
Criminal Application – rejection of
Case brief
What is this about?
Bombay High Court, Aurangabad Bench; Criminal Application No. 499 of 2025 (neutral citation 2025:BHC-AUG:10018); Ashita Bhimsingh Gavit v. State of Maharashtra and Others; decided 03.04.2025 by S. G. Chapalgaonkar, J.; Section 319 Criminal Procedure Code; addition of accused during trial; Exhibit-39 application in R.C.C. No.67/2023; alleged faulty investigation; unnamed/unknown driver of accused no.2; FIR and charge-sheet; complainant's deposition partially cross-examined; impugned order dated 23.12.2024; criminal application rejected/dismissed.
What did the court decide?
A court may direct that a person be added as accused and proceeded against only where, prima facie, it appears from evidence tendered during enquiry or trial that the person, though not named as accused, committed the offence and sufficient material is available to proceed against him.