Supreme Court of India · 2010-10-08
BANGARAYYA vs STATE OF KARNATAKA .
- Citation / case number
- SC 2010/11715
- Court
- Supreme Court of India
- Petitioner
- BANGARAYYA
- Respondent
- STATE OF KARNATAKA .
- Author
- AFTAB ALAM
- Bench
- AFTAB ALAM,R.M. LODHA, , ,
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, as the application was filed promptly after the examination of the second witness. The Court found that the reasons given by the magistrate, including the relationship of the witnesses to the complainant and the status of the accused, were inadequate to deny the summoning of the additional accused. The Court set aside the orders of the High Court and magistrate, remitting the matter for fresh consideration of the petition under Section 319.