Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
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Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
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ILC-2016-SC-CRL-Mar-10

Hardei Vs State of U.P.

Head Note

The Code of Criminal Procedure, 1973  - Section 319 , Indian Penal Code,1860  - Section 409

Criminal Procedure - Summoning as Additional Accused - F.I.R. may not contain all the details of the occurrence or even the names of all the accused - It is not expected to be an encyclopedia even of facts already known - There are varities of crimes and by their very nature, details of some crimes can be unfolded only by a detailed and expert investigation - This is more true in crimes involving conspiracy, economic offences or cases not founded on eye witness accounts - The fact that Police chose not to send up a suspect to face trial does not affect power of the trial court under Section 319 of the Cr.P.C. to summon such a person on account of evidence recorded during trial - This is the factual scenario in the case at hand also - No good reason to interfere in the order passed by CJM in summoning the appellant - Appellant shall be at liberty to take all the defence available to her, in accordance with law, in course of the trial.

Topic(s)-Criminal Procedure - Summoning as Additional Accused







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