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Supreme Court Allows Appeal in Section 319 CrPC Case, Setting Aside High Court's Remand Order. Trial Court's Dismissal of Summoning Application Upheld as Evidence Was Insufficient to Meet the Stringent Threshold for Exercising Discretionary Power Under Section 319 of Code of Criminal Procedure, 1973.

The appeal challenged the Allahabad High Court's order dated 16.05.2017 which had quashed the Trial Court's order dated 15.03.2017 and remanded the ma...

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CRIMINAL APPEAL NO. 645 OF 2013

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Supreme Court Allows Appeal Against Summoning Under Section 319 CrPC After Judgment of Conviction. Trial Court Cannot Summon Additional Accused After Pronouncing Judgment as It Becomes Functus Officio.

The Supreme Court considered the appeal against the summoning of Sukhpal Singh Khaira as an additional accused under Section 319 CrPC after the trial ...

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Supreme Court Allows Appeal in SC/ST Act Case — Summoning Order Under Section 319 CrPC Set Aside for Lack of Sufficient Evidence. Court holds that mere naming of accused in witness deposition without corroboration or satisfaction of higher standard under Section 319 CrPC cannot justify summoning.

The Supreme Court allowed the appeal filed by Jitendra Nath Mishra against the order of the Allahabad High Court dated 1st June 2022, which had dismis...