Jogendra Yadav & Ors. Vs. State of Bihar & Anr.
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Head Note
The Code of Criminal Procedure, 1973 - Section 319 , Section 227
Discharge - Summoning as Additional Accused -- A person summoned as an accused under Section 319 Cr.P.C. is not entitled to avail remedy of discharge u/s 227 Cr.P.C. - An order for addition of an accused made after considering the evidence cannot be undone by coming to the conclusion that there is no sufficient ground for proceeding against the accused without appreciation of evidence. It would not result in any undue hardships to the accused since the remedy before a superior court is available in challenging the order of summoning u/s 319 Cr.P.C.
Topic(s)-No remedy of Discharge available to person summoned as additional accused