Supreme Court · 2006 INSC 720 · Decided 19 October 2006

Anil Singh and ANR. v. State of Bihar and ORS.

Court
Supreme Court of India
Citation
2006 INSC 720 · [2006] SUPP. 7 S.C.R. 504
Case number
CRIMINAL APPEAL No. 1082/2006
Decided
19 October 2006
Bench
S.B. SINHA, DALVEER BHANDARI (2-judge bench)
Outcome
Case Partly allowed
Case type
Criminal
Acts & sections cited
CrPC Section 319, 482

Headnote

Code of Criminal Procedure, 1973--Section 319-Power to summon person as accused, against whom action not taken earlier-Nature and C scope of-Rejection of application for issuance of summons against persons named in FIR but not sent up for trial upon investigation-Order quashed by High Court was to issue process-On appeal held: Courts have power to summon such persons-Being an extra-ordinary power, it is to be done cautiously-Courts should arrive at a reasonable satisfaction D that the prosecution would be able to prove charges against whom the processes are to be issued-Some

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