DR. S.S. KHANNA vs CHIEF SECRETARY, PATNA & OTHERS

The Supreme Court held that under Section 319 of the Code of Criminal Procedure, 1973, a person can be summoned to stand trial based on fresh evidence even if a prior complaint against them was dismissed under Section 202. The Court clarified that the principle of issue estoppel does not bar proceedings under Section 319 when new evidence arises, and confirmed that the jurisdiction of the magistrate remains intact despite a higher court's confirmation of a dismissal under Section 202. The Court found sufficient grounds to summon the appellant for trial alongside another accused based on the evidence presented during the trial.