Supreme Court Of India
(From : AIROnline 2024 ALL 1602)
Sanjay Karol,
Joymalya Bagchi
, JJ
Criminal P.C. (2 of 1974) , S.319— Summoning of additional accused – Legality – Offences u/s s 302, 307, 504 and 506 IPC – Proposed accused was named in FIR and specific role was assigned to him by informant – During trial three witnesses named proposed accused and assigned him specific role indicating that he was present at scene of occurrence, armed with a stick – Prima facie there was sufficient material on record to put proposed accused on trial – While quashing order of summoning additional accused, High Court had conducted mini-trial, which was impermissible at this stage – Order of High Court was set aside and order of trial court summoning additional accused , was restored
AIROnline 2024 ALL 1602-Reversed
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