Devendra Kumar Pal vs State Of U.P

The Supreme Court held that the invocation of powers under Section 319 of the Code of Criminal Procedure, 1973, must occur before the pronouncement of the order of sentence in a conviction case. The Court clarified that if the summoning order is issued after the conviction and sentence, it is not sustainable in law, as established in Sukhpal Singh Khaira v. State of Punjab. The appeal was allowed, and the order summoning the appellant for trial was set aside.