Supreme Court of India · 2007-04-09
MOHD. SHAFI vs MOHD. RAFIQ
- Citation / case number
- SC 2007/3565
- Court
- Supreme Court of India
- Petitioner
- MOHD. SHAFI
- Respondent
- MOHD. RAFIQ
- Author
- S.B. SINHA
- Bench
- S.B. SINHA & MARKANDEY KATJU
Judgment text excerpt
The Supreme Court addressed the application of Section 319 of the Code of Criminal Procedure, which allows for the summoning of additional accused if evidence suggests their involvement in the crime. The Court held that the High Court's decision to allow the application for summoning the appellant was justified, given that the appellant was named in the FIR and witnesses had alleged his involvement. The Court emphasized the importance of considering witness statements and the discretion of the trial court in such matters, ultimately upholding the High Court's order.