Supreme Court · 2009 INSC 9 · Decided 7 January 2009
Brindaban Das and ORS. v. State of West Bengal
- Court
- Supreme Court of India
- Citation
- 2009 INSC 9 · [2009] 1 S.C.R. 87
- Case number
- CRIMINAL APPEAL No. 9/2009
- Decided
- 7 January 2009
- Bench
- ALTAMAS KABIR, MARKANDEY KATJU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 319
Headnote
CODE OF CRIMINAL PROCEDURE, 1973: s.319 - Power of trial court to proceed against other c persons appearing to be guilty of offence - Persons not named in FIR, nor mentioned in charge-sheet, nor sent up for trial, but after two years of their discharge from the case, trial court issuing warrants order to invoke power uls 319, court is not merely required to take D note of the fact that name of a person has surfaced during trial but it has also to consider whether the evidence would be sufficient to convict him - In the instant case, on the evidence adduced as regards the persons
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