Supreme Court · 2021 INSC 48 · Decided 29 January 2021

Ajay Kumar @ Bittu & ANR. v. State of Uttarakhand & ANR.

Court
Supreme Court of India
Citation
2021 INSC 48 · [2021] 1 S.C.R. 191
Case number
CRIMINAL APPEAL No. 88/2021
Decided
29 January 2021
Bench
ASHOK BHUSHAN, M.R. SHAH, R. SUBHASH REDDY (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 147, 148, 149, 323, 324, 307, 452, 504; CrPC Section 319, 446

Headnote

Code of Criminal Procedure, 1973: s. 319 - Application under - Appellants summoned by order dated 17.8.2019 - As the appellants did not appear before the Court, bailable warrant issued on 5.9.2019 and non-bailable warrant issued on 18.9.2019 issuing notice u/s. 446 Cr. P.C. against order dated 17.8.2019 - High Court dismissed the Revision on the ground that there was concealment of fact as order dated 18.9.2019 was not placed on record - Appeal to Supreme Court - Held: Power u/s. 319 is extra-ordinary and discretionary and has to be exercised

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