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january 2009

Supreme Court of India · 2009-01-07

BRINDABAN DAS vs STATE OF WEST BENGAL

Citation / case number
SC 2006/33675
Court
Supreme Court of India
Petitioner
BRINDABAN DAS
Respondent
STATE OF WEST BENGAL
Author
ALTAMAS KABIR
Bench
ALTAMAS KABIR,MUKUNDAKAM SHARMA, , ,

Judgment text excerpt

The Supreme Court addressed the application under Section 319 of the Code of Criminal Procedure, which allows for the addition of accused persons to an ongoing trial. The Court held that the trial court erred in issuing summons after the appellants had been discharged due to lack of evidence, emphasizing that the issuance of warrants for arrest was unwarranted. The High Court's decision to allow the appellants to surrender and apply for bail was upheld, reinforcing the principle that discharge from a case precludes subsequent summons based on the same materials.

BRINDABAN DAS vs STATE OF WEST BENGAL · Niyam