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.