Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | summoned one person trial court to re examine dismissed for seven application u/s 319 Cr.P.c |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Arms Act, 1959 (54 of 1959) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973:s. 319 – Application under – In a criminal proceeding trying three accused for offences u/ss. 302, 307, 341 r/w s.34 IPC and u/ss. 25, 54 and 59 of Arms Act, 1959 – For summoning eight persons to face trial, on the basis of testimony of a witness whereby he had deposed that eleven persons were involved in the crime – Trial court summoned one person and dismissed the application qua seven persons – High Court affirmed the order of trial court – On appeal,held: Section 319 empowers summoning of any person on the basis of any relevant evidence – However, the power being discretionary,is to be exercised sparingly – The test to be applied is the one which is more than a prima facie case as examined at the time of framing charge, but not of satisfaction to the extent that the evidence if goes uncontroverted, would lead to the conviction of the accused – Inthe present case, consideration of the application had been as if the existence of a case beyond reasonable doubt was being examined against the proposed accused – This was clearly an erroneous approach – Impugned order is set aside and application is restored to be re-examined by the trial court. |
Judge | Hon'ble Mr. Justice Dinesh Maheshwari |
Neutral Citation | 2019 INSC 386 |
Petitioner | Sugreev Kumar |
Respondent | State Of Punjab & Ors. |
SCR | [2019] 4 S.C.R. 208 |
Judgement Date | 2019-03-15 |
Case Number | 509 |
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