Supreme Court · 2009 INSC 796 · Decided 12 May 2009
Sarbjit Singh & ANR. v. State of Punjab & ANR.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 796 · [2009] 8 S.C.R. 762
- Case number
- CRIMINAL APPEAL No. 998/2009
- Decided
- 12 May 2009
- Bench
- S.B. SINHA, P. SATHASIVAM (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 319, 227
Headnote
C.Jde of Criminal Procedure, 1973 - s. 319 - Applicability - Scope of - Held: the provision provides. C extraordinary power to court - Such power should be exercised sparingly only in extraordinary cases - While exercising it, court to apply stringent test. During trial of a murder case, on the informant, an application u/s. 319 CrPQ was filed for summoning the appellants, and the same was allowed by trial court. Revision before High Court was dismissed. Hence the present appeal. E Allowing the appeal, the Court HELD: 1. The provision of Section 319 CrPC, on a plain reading, provides
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