Right To Summon Document Has To Be Exercised When Trial Is In Progress And Not When Trial Is Completed: Supreme Court
3 years, 8 months ago

Right To Summon Document Has To Be Exercised When Trial Is In Progress And Not When Trial Is Completed: Supreme Court

Live Law  

The right to summon document has to be exercised when the trial is in progress and not when the trial is completed, the Supreme Court observed.The court observed thus while allowing an appeal filed against a judgment of the Telengana High Court. The right to summon document has to be exercised when the trial is in progress and not when the trial is completed, the Supreme Court observed. The High Court allowed the revisional application and reversed the decision of the Trial Court in rejecting the application for summoning of the document. Assailing the High Court order, it was contended that the trial had already completed long back and the accused was examined under Section 313 Criminal Procedure Code and the application for summoning the document was moved only thereafter.

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History of this topic

Magistrate's Summoning Order Must Reflect Reasons : Supreme Court Reiterates
2 months ago

Magistrate's Summoning Order Must Reflect Reasons : Supreme Court Reiterates

Live Law  

The Supreme Court today quashed a non-speaking summoning order issued by a Judicial Magistrate against a drug manufacturer, reiterating that a summoning order cannot be issued without recording valid reasons. The bench comprising Justice BR Gavai and AG Masih was hearing the appeal filed by drug manufacturers assailing the correctness of the Andhra Pradesh High Court's. The bench comprising Justice …

'Classic Case Of How System Operates & Delays Trial': Supreme Court While Allowing Accused To Recall Witness After Over 3 Years
4 months ago

'Classic Case Of How System Operates & Delays Trial': Supreme Court While Allowing Accused To Recall Witness After Over 3 Years

Live Law  

The Supreme Court on Thursday lamented systematic delays in trial after noting that the trial court illegally recorded the complainant's evidence in a POCSO case in the absence of the accused and his advocate and then both the trial court and the High Court rejected a recall application to allow the accused to cross-examine the complainant. “This is a classic …

S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court
10 months, 3 weeks ago

S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court

Live Law  

The Supreme Court held that to summon a person as an additional accused invoking powers under Section 319 of the Code of Criminal Procedure, the degree of satisfaction is much stricter. states that “where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed …

For Summoning Accused, Prima Facie Case Made Out From Allegations In Complaint Is Sufficient: Supreme Court
11 months ago

For Summoning Accused, Prima Facie Case Made Out From Allegations In Complaint Is Sufficient: Supreme Court

Live Law  

For summoning of an accused, prima facie case made out on the basis of allegations in the complaint and the pre-summoning evidence led by the complainant is sufficient, the Supreme Court held.Reversing the findings of the High Court and Sessions Court which had quashed the issuance of summons, the bench comprising Justices C.T. For summoning of an accused, prima facie …

Once Magistrate Seeks Report From Police Under S.202 CrPC, Summons To Accused Be Postponed Until Police Report Is Received: Supreme Court
1 year, 1 month ago

Once Magistrate Seeks Report From Police Under S.202 CrPC, Summons To Accused Be Postponed Until Police Report Is Received: Supreme Court

Live Law  

The Supreme Court held that once the Magistrate has called for the police report under Section 202 of the Code of Criminal Procedure, then the magistrate couldn't issue a summon unless the report is submitted by the policeReversing the decision of the High Court which had refused to quash the summons issued by the Magistrate, the Supreme Court Bench of …

When Trial Court Records Are Summoned By Higher Courts Only Photocopy/Scanned Copy Of The Records Need To Be Sent To Avoid Delay: SC [Read Order]
6 years, 11 months ago

When Trial Court Records Are Summoned By Higher Courts Only Photocopy/Scanned Copy Of The Records Need To Be Sent To Avoid Delay: SC [Read Order]

Live Law  

A Supreme Court Bench of Justice AK Goel and RF Nariman has directed that if the trial court record is summoned by a higher Courts, the trial courts may send photocopy/scanned copy of the record and retain the original so that the proceedings are not held up. The Bench also held that wherever the original record has been summoned by …

When Trial Court Records Are Summoned By Higher Courts Only Photocopy/Scanned Copy Of The Records Need To Be Sent To Avoid Delay: SC [Read Order]
6 years, 11 months ago

When Trial Court Records Are Summoned By Higher Courts Only Photocopy/Scanned Copy Of The Records Need To Be Sent To Avoid Delay: SC [Read Order]

Live Law  

A Supreme Court Bench of Justice AK Goel and RF Nariman has directed that if the trial court record is summoned by a higher Courts, the trial courts may send photocopy/scanned copy of the record and retain the original so that the proceedings are not held up. The Bench also held that wherever the original record has been summoned by …

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