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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024 (@ SLP(CRL.) No. 12443/2023)
SHAILENDRA SINGH RAGHUVANSHI @ MONU & ORS. APPELLANT(S)
VERSUS
THE STATE OF MADHYA PRADESH & ANR. RESPONDENT(S)
O R D E R
1. Leave granted.
2. While exercising the power under Section 319 of the Code
of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’), it is
pertinent to understand that there has to be more than
just a prima facie case. It seems to us that on perusing
the evidence of PW-5 and 6, there was nothing but mere
apprehension on the part of those witnesses that the
offence alleged could have been committed by the appellant
along with others. Suspicion, however, cannot be a
substitute for concrete evidence, and that too for
exercising the power under Section 319 Cr.P.C. when the
prosecution itself has chosen not to implicate the
appellant for lack of evidence.
3. In such view of the matter, we have no hesitation to set
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aside the impugned order which in turn confirms the one
passed by the Trial Court.
4. Accordingly, the appeal stands allowed.
5. Pending application(s), if any, shall stand disposed of.
……………………………………………………J. [M.M. SUNDRESH]
……………………………………………………J. [ARAVIND KUMAR]
NEW DELHI; 25th NOVEMBER, 2024
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