Supreme Court of India · 2017-08-23
Girish Sharma vs The State Of Chhattisgarh
- Citation / case number
- AIR 2017 SUPREME COURT 4973
- Court
- Supreme Court of India
- Petitioner
- Girish Sharma
- Respondent
- The State Of Chhattisgarh
- Author
- Adarsh Kumar Goel
- Bench
- Uday Umesh Lalit, Adarsh Kumar Goel
Judgment text excerpt
The Supreme Court addressed the applicability of Section 319 and Section 306 of the Criminal Procedure Code (Cr.P.C.) in the context of summoning witnesses as accused. The Court held that the High Court erred in summoning the appellants as accused without following the proper procedure under Section 306 Cr.P.C., emphasizing that the trial court's discretion in not taking cognizance against them should be respected. The Court concluded that the prosecution's decision to treat the appellants as witnesses was valid, and the High Court's order was set aside.