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april 2002

Supreme Court of India · 2002-04-24

Shashikant Singh vs Tarkeshwar Singh & Anr

Citation / case number
AIR 2002 SUPREME COURT 2031
Court
Supreme Court of India
Petitioner
Shashikant Singh
Respondent
Tarkeshwar Singh & Anr
Author
U.C. Banerjee
Bench
U.C. Banerjee

Judgment text excerpt

The Supreme Court examined the applicability of Section 319 of the Code of Criminal Procedure, 1973, determining that a person summoned under this section can be tried for the offence even after the conclusion of the trial against another accused, provided the order to summon was made while the trial was pending. The Court held that the High Court erred in quashing the order of summoning, affirming that the trial against respondent No.1 could proceed despite the earlier trial's conclusion. The ruling clarifies the interpretation of 'could be tried together with the accused' in Section 319, establishing that the jurisdiction remains intact as long as the summoning order was valid at the time it was issued.

Shashikant Singh vs Tarkeshwar Singh & Anr · Niyam