Supreme Court · 2024 INSC 794 · Decided 18 October 2024
Asim Akhtar v. The State of West Bengal & ANR.
- Court
- Supreme Court of India
- Citation
- 2024 INSC 794 · [2024] 10 S.C.R. 911
- Case number
- CRIMINAL APPEAL No. 4247/2024
- Decided
- 18 October 2024
- Bench
- VIKRAM NATH, PRASANNA BHALACHANDRA VARALE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 366, 323, 506(II); CrPC Section 319, 232; Arms Act Section 25(1)(B)(a)
Headnote
Whether there is a mandate to decide the application u/s. 319 CrPC before cross-examination of other witnesses. Code of Criminal Procedure, 1973 - s.319 - During the trial, the examination-in-chief of the victim (respondent no.2)-PW-1, her was recorded - Respondent no.2 filed an application u/s.319 CrPC for summoning the father and mother of the accused-appellant - Thereafter, the above three prosecuting witnesses did not appear before the trial Court for cross-examination and insisted for deciding application u/s.319
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