Supreme Court · 2006 INSC 218 · Decided 10 April 2006
Lok Ram v. Nihal Singh and Anr
- Court
- Supreme Court of India
- Citation
- 2006 INSC 218 · [2006] 3 S.C.R. 1018
- Case number
- CRIMINAL APPEAL No. 405/2006
- Decided
- 10 April 2006
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 34; CrPC Section 319
Headnote
Code of Criminal Procedure, 1973-Section 319-Power to summon' person as accused, against whom action had not been taken earlier-Scope of-Held: Power to summon such person is an extra-ordinary power-It is to C be used very sparingly only if compelling reasons exist-There would be presumption that such person cannot be rejected on the ground that complainant was an interested witness-Thus, High Court rightly directed trial court to proceed against D such person by summoning him. The question which arose for consideration in this appeal was whether the court has the power to summon a
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