In Brief
In this criminal appeal, landlords obtained an eviction decree against a tenant and appointed a court bailiff to execute it. The tenant later complained that the bailiff and rowdy elements damaged property and stole goods. Though the tenant's complaint named the landlords and bailiff, police investigation excluded them from the charge sheet. During trial, the prosecution sought to implicate them under Section 319 CrPC. The High Court allowed this, but the Supreme Court held that Section 319 power requires strong and cogent evidence from trial testimony, not from investigative statements. Absent such evidence, the trial court's refusal to implicate them was proper. The appeals were allowed and the High Court's order set aside."
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