Supreme Court · 2007 INSC 521 · Decided 7 May 2007
Y. Saraba Reddy v. Puthur Rami Reddy and ORS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 521 · [2007] 6 S.C.R. 69
- Case number
- CRIMINAL APPEAL No. 689/2007
- Decided
- 7 May 2007
- Bench
- ARIJIT PASAYAT, P.K. BALASUBRAMANYAN, D.K. JAIN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 319, 310
Headnote
B Code of Criminal Procedure, 1973-s.319-Scope and ambit a/­ Omission of the name of a person from the array of accused, after investigation by Special Investigating Officer-Their names found in the FIR and statement C of witnesses-Application u/s 319-Rejection of by trial Court-Affirmation of the complainant-On appeal-Held: Power u/s 319 can be exercised suo motu or on application-However, it is extraordinary power, which should be used very sparingly-Trial Court has the jurisdiction to add a person in the array of accused and face trial-Such addition can be done D only on the
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