in a cc case 319 crpc detailed answer required interested only answer

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petition under Section 319 CrPC (now Section 358 BNSS) cannot ordinarily be rejected merely on the basis of the respondents' denials or arguments. The Court is required to examine the evidence that has come on record during the inquiry/trial and determine whether such evidence is strong and cogent enough to indicate the involvement of the proposed accused in the commission of the offence. The settled law laid down by the Hon'ble Supreme Court is that, while deciding a Section 319 application, the Court must rely primarily on the evidence available on record and not on the defence version or bare denials of the proposed accused. Unless the respondents are able to point out legal infirmities or contradictions from the existing record, mere submissions without supporting material do not constitute evidence. Therefore, the fate of the pending Section 319 petition will generally depend upon the quality and sufficiency of the prosecution/complainant's evidence already recorded in the private complaint case. If such evidence discloses a prima facie but strong case showing involvement of the proposed accused, the Court may summon them; conversely, if the evidence falls short of the statutory threshold, the application may be rejected. Each case, however, depends on its own facts and the evidence available on record.

Advocate Atanu Patra LawRato