A person not named in the FIR or a person though named in the
FIR but has not been chargesheeted or a person who has been
discharged can be summoned under Section 319 Cr.P.C. provided
from the evidence it appears that such person can be tried along with
the accused already facing trial. However, in so far as an accused who
has been discharged is concerned the requirement of Sections 300 and
398 Cr.P.C. has to be complied with before he can be summoned
afresh.
IN THE SUPREME COURT OF INDIA
Decided On: 10.01.2014
Appellants: Hardeep Singh etc. etc.
Vs.
Respondent: State of Punjab and Ors. etc. etc.
Vs.
Respondent: State of Punjab and Ors. etc. etc.
Hon'ble Judges/Coram:P. Sathasivam , C.J.I., Balbir Singh Chauhan , Ranjana Prakash Desai , Ranjan Gogoi and Sharad Arvind Bobde , JJ.1
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