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october 2010

Supreme Court of India · 2010-10-08

Bangarayya vs State Of Karnataka & Ors

Court
Supreme Court of India
Petitioner
Bangarayya
Respondent
State Of Karnataka & Ors
Author
Aftab Alam
Bench
R.M. Lodha, Aftab Alam

Judgment text excerpt

The Supreme Court held that the rejection of the petition under Section 319 of the Code of Criminal Procedure for summoning additional accused was unjustified. The Court found that the delay cited by the magistrate and the High Court was unreasonable, as the petition was filed shortly after the examination of the last witness. The Court emphasized that the relationship of the witnesses to the complainant or the accused and their status as 'teachers and well-known persons' cannot be grounds for denying the summoning of additional accused. The appeal was allowed, and the matter was remitted to the magistrate for reconsideration.

Bangarayya vs State Of Karnataka & Ors · Niyam