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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