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Person who has been discharged can be summoned again

 

Person who has been discharged can be summoned again

 

Supreme Court: Clearing the enigma in Section 319 of the CrPC, 1973 regarding the scope and extent of the powers of the courts under the criminal justice system to arraign any person as an accused during the course of inquiry or trial, the 5-judge constitutional bench of Hon’ble P. Sathasivam, CJ and Hon’ble B. S. Chauhan, Ranjana Prakash Desai, Ranjan Gogoi and S.A. Bobde, JJ held that a person not named in the FIR or a person though named in the FIR but has not been charge-sheeted or a person who has been discharged can be summoned under the said provision, provided from the evidence it appears that such person can be tried along with the accused already facing trial. The Court was of the opinion that though under Section 319(4)(b) Cr.P.C. the accused subsequently impleaded is to be treated as if he had been an accused when the Court initially took

https://www.lawweb.in/2014/01/person-who-has-been-discharged-can-be.html



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