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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...

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Supreme Court Sets Aside Summoning Under Section 319 CrPC Due to Lack of Strong Evidence. Court Holds That Mere Witness Deposition Reiterating Police Statements Is Insufficient to Summon Accused Who Were Previously Discharged After Investigation.

The Supreme Court allowed the appeal filed by Rajesh and others against the judgment of the Punjab & Haryana High Court, which had confirmed the Trial...

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Supreme Court Allows Appeal in POCSO Case — Summoning Under Section 319 CrPC Set Aside for Lack of Strong Evidence. Identification of Accused Based on Spectacles and Subsequent Improvement in Victim's Statement Held Insufficient to Exercise Discretionary Power Under Section 319 CrPC.

The case involves an appeal against an order of the High Court of Uttarakhand upholding the summoning of the appellant under Section 319 of the Code o...

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Bombay High Court Hears Appeal Against Trial Court's Order Refusing to Summon Defence Witnesses in MCOC Case. Issue Pertains to Relevance of Confessions of Other Accused Persons Recorded Under Section 18 of MCOC Act in a Separate Trial.

The appeal before the Bombay High Court arose from an order passed by the Special Court under the Maharashtra Control of Organized Crime Act, 1999 (MC...

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Bombay High Court Quashes Summons Under Section 319 CrPC Against Proposed Accused in Sessions Case — Discharge Under Section 169 CrPC Requires Inquiry Under Section 300(5) r/w Section 398 CrPC Before Invoking Section 319 CrPC.

The applicants, seven individuals, were originally named in a First Information Report but were discharged under Section 169 of the Code of Criminal P...

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Supreme Court Allows Appeals in NDPS Case: Summoning Under Section 319 CrPC After Conviction Is Impermissible. The power under Section 319 CrPC can be exercised only before the pronouncement of judgment; once the trial concludes and judgment is pronounced, the court becomes functus officio.

The Supreme Court of India heard two criminal appeals arising from a common judgment of the Punjab and Haryana High Court, which had dismissed crimina...

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Supreme Court Allows Appeal Against High Court's Quashing of Summoning Order in Abetment of Suicide Case. Magistrate's Power to Issue Summons After Closure Report Upheld, with Emphasis on Application of Mind Under Sections 202 and 204 CrPC, 1973.

The appeal arose from a High Court order quashing a Magistrate's summoning order in a case alleging abetment of suicide under Section 306 IPC. The app...

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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 ...