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april 2002

Supreme Court of India · 2002-04-24

SHASHIKANT SINGH vs TARKESHWAR SINGH & ANR.

Citation / case number
SC 2001/60232
Court
Supreme Court of India
Petitioner
SHASHIKANT SINGH
Respondent
TARKESHWAR SINGH & ANR.
Author
Y.K. SABHARWAL U.C. BANERJEE
Bench
Y.K. SABHARWAL U.C. BANERJEE

Judgment text excerpt

The Supreme Court addressed the applicability of Section 319 of the Code of Criminal Procedure, 1973, regarding the summoning of an accused after the conclusion of a trial against another accused. The Court held that the phrase 'could be tried together with the accused' in Section 319 implies that the provision is applicable only when a trial is pending. Since the trial against Chandra Shekhar Singh was ongoing at the time of the order under Section 319, the High Court's ruling that the order was without jurisdiction was overturned, affirming the validity of the summoning order.

SHASHIKANT SINGH vs TARKESHWAR SINGH & ANR. · Niyam