Person Once Discharged Can Also Be Added As Accused U/S 319 CrPC Based On New Materials [Read Judgment]
6 years, 3 months ago

Person Once Discharged Can Also Be Added As Accused U/S 319 CrPC Based On New Materials [Read Judgment]

Live Law  

“Since, at an earlier point of time the supplementary chargesheet was ignored by the Trial Court while discharging the appellant, there is no bar to proceed against him under Section 319 Cr.P.C. based on the supplementary charge-sheet, that too when sufficient material is brought on record against him during the course of trial.”The Supreme Court recently upheld a trial court order. based on the supplementary charge-sheet, that too when sufficient material is brought on record against him during the course of trial.” The Supreme Court recently upheld a trial court order under Section 319 of the Code of Criminal Procedure, summoning some accused who were discharged by it earlier, ignoring the supplementary charge sheet against them. It said: “Since, at an earlier point of time the supplementary chargesheet was ignored by the Trial Court while discharging the appellant, there is no bar to proceed against him under Section 319 Cr.P.C.

Supreme Court Trial Court Accused Material Appellant 319 Section 319 Section 319 Cr Proceed Supplementary Chargesheet No Bar When Sufficient Material  discharged  crpc  319  trial  court  read  appellant  material  based  supplementary  chargesheet  materials  added  judgment  person  proceed  accused

History of this topic

Procedure U/S 329 CrPC For Accused With Unsound Mind Applies Only After Framing Of Charges: J&K High Court
2 weeks ago

Procedure U/S 329 CrPC For Accused With Unsound Mind Applies Only After Framing Of Charges: J&K High Court

Live Law  

The High Court of Jammu & Kashmir and Ladakh has clarified that the provisions of Section 329 of the Code of Criminal Procedure, which deal with the procedure for trying a person of unsound mind, can only be invoked after the framing of charges in a criminal trial. A bench of Justice Sanjay Dhar emphasized that the trial court cannot …

Further Investigation Can Be Directed Even After Filing Of Chargesheet & Commencement Of Trial : Supreme Court
1 month, 3 weeks ago

Further Investigation Can Be Directed Even After Filing Of Chargesheet & Commencement Of Trial : Supreme Court

Live Law  

The Supreme Court recently reiterated that further investigation can be directed even after the chargesheet has been filed and the trial has commenced. After perusing the material on record, the Bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta opined that the High Court had grossly erred while directing a fresh investigation. “On going through the material placed on …

S. 319 CrPC | Accused Who Was Dropped By Police In Chargesheet Can Be Summoned As Additional Accused By Court : Supreme Court
2 months, 4 weeks ago

S. 319 CrPC | Accused Who Was Dropped By Police In Chargesheet Can Be Summoned As Additional Accused By Court : Supreme Court

Live Law  

The Supreme Court observed that the filing of a police closure report would not bar the summoning of an additional accused under Section 319 of Cr.P.C. The Court observed that if the evidence presented during the trial indicates that a person should be summoned to face trial, the trial court has the discretionary power under Section 319 of the Cr.P.C. …

For Discharge Application, Only Documents Forming Part Of Chargesheet Can Be Considered : Supreme Court
4 months ago

For Discharge Application, Only Documents Forming Part Of Chargesheet Can Be Considered : Supreme Court

Live Law  

In a recent case, the Supreme Court observed that while considering the application for discharge, only that document is to be considered which forms part of the charge sheet, and not the ones which were never part of the charge sheet. Instead of quashing the same, the High Court directed the Trial Court to consider the decree of nullity and …

Trial Court's Discretion in Determining Application to Summon Additional Accused Under Section 319 CrPC: Supreme Court
5 months, 2 weeks ago

Trial Court's Discretion in Determining Application to Summon Additional Accused Under Section 319 CrPC: Supreme Court

Live Law  

The Supreme Court has ruled that the trial court can decide an application seeking the summoning of an additional accused under Section 319 Cr.P.C. even after the cross-examination of the prosecution witness. The court observed that it is not mandatory for the trial court to decide Section 319 Cr.P.C. application after the completion of the prosecution witness's examination in chief …

Supreme Court Deplores Practice Of Filing Applications U/S 216 CrPC For Alteration Of Charge After Refusal Of Discharge
7 months ago

Supreme Court Deplores Practice Of Filing Applications U/S 216 CrPC For Alteration Of Charge After Refusal Of Discharge

Live Law  

In a recent judgment, the Supreme Court deplored the practice of accused persons filing applications under Section 216 of the Code of Criminal Procedure seeking alteration of charge after their applications seeking discharge The Bench of Justices Bela M Trivedi and Satish Chandra Sharma elaborated that this provision does not give any right to the accused to file a fresh …

Magistrate Can't Take Cognizance Of Supplementary Chargesheet If It Lacks Fresh Evidence After Further Investigation: Supreme Court
1 year, 2 months ago

Magistrate Can't Take Cognizance Of Supplementary Chargesheet If It Lacks Fresh Evidence After Further Investigation: Supreme Court

Live Law  

The Supreme Court on Monday observed that it would be impermissible under the law for a Judicial Magistrate to take cognizance of a supplementary charge-sheet submitted after further investigation if it doesn't contain any fresh oral or documentary evidence, would be impermissible under the law. Reversing the concurring findings of the High Court and Trial Court, the Bench of Justices …

Accused's Plea On Applicability Of Section 300 CrPC Has To Be Considered At Discharge Stage U/Section 227 CrPC : Supreme Court
2 years, 3 months ago

Accused's Plea On Applicability Of Section 300 CrPC Has To Be Considered At Discharge Stage U/Section 227 CrPC : Supreme Court

Live Law  

The Supreme Court observed that the accused's plea on applicability of Section 300 CrPC has to be considered at the stage of discharge under Section 227 CrPC.In this case, the accused filed a discharge application under Section 227 r/w Section 300 Cr.P.C. The Supreme Court observed that the accused's plea on applicability of Section 300 CrPC has to be considered …

Section 167(2) CrPC - Default Bail Not Available For Not Filing Supplementary Chargesheet : Karnataka High Court
3 years, 7 months ago

Section 167(2) CrPC - Default Bail Not Available For Not Filing Supplementary Chargesheet : Karnataka High Court

Live Law  

The Karnataka High Court recently said that the supplementary charge sheet is only an additional material collected against the accused persons and that the provisions of Section 167 of Cr. "Section 167 of Cr.P.C., is applicable only when charge sheet is not laid down and it starts operative when accused is arrested during the course of investigation, but if charge …

[Section 216 CrPC] Court Can Add Or Alter Charges At Any Time, Even After Reserving Judgment: SC [Read Judgment]
5 years, 2 months ago

[Section 216 CrPC] Court Can Add Or Alter Charges At Any Time, Even After Reserving Judgment: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a trial court to exercise its powers of altering or adding charges under section 216 of the Code of Criminal Procedure even after the completion of evidence, arguments and reserving of the judgment. Thereafter, Public Prosecutor filed an application under Section 216 of CrPC for alteration of charge stating that even though an additional …

Person Once Discharged Can Also Be Added As Accused U/S 319 CrPC Based On New Materials [Read Judgment]
6 years, 3 months ago

Person Once Discharged Can Also Be Added As Accused U/S 319 CrPC Based On New Materials [Read Judgment]

Live Law  

“Since, at an earlier point of time the supplementary chargesheet was ignored by the Trial Court while discharging the appellant, there is no bar to proceed against him under Section 319 Cr.P.C. based on the supplementary charge-sheet, that too when sufficient material is brought on record against him during the course of trial.”The Supreme Court recently upheld a trial court …

Principles Of “Double Jeopardy” Will Not Apply When Accused Was Discharged Due To Lack Of Proper Sanction: SC [Read Judgment]
6 years, 5 months ago

Principles Of “Double Jeopardy” Will Not Apply When Accused Was Discharged Due To Lack Of Proper Sanction: SC [Read Judgment]

Live Law  

‘There was no bar for filing fresh/supplementary charge sheet after obtaining a valid sanction for prosecution.’The Supreme Court on Tuesday held that when the accused was discharged due to lack of proper sanction, the principles of “double jeopardy” will not apply, and there is no bar for filing fresh/supplementary charge sheet after obtaining a valid sanction for prosecution.In. ‘There was …

Principles Of “Double Jeopardy” Will Not Apply When Accused Was Discharged Due To Lack Of Proper Sanction: SC [Read Judgment]
6 years, 5 months ago

Principles Of “Double Jeopardy” Will Not Apply When Accused Was Discharged Due To Lack Of Proper Sanction: SC [Read Judgment]

Live Law  

‘There was no bar for filing fresh/supplementary charge sheet after obtaining a valid sanction for prosecution.’The Supreme Court on Tuesday held that when the accused was discharged due to lack of proper sanction, the principles of “double jeopardy” will not apply, and there is no bar for filing fresh/supplementary charge sheet after obtaining a valid sanction for prosecution.In. ‘There was …

Accused added under Section 319 of the Cr.P.C cannot avail of the remedy of discharge, rules the Supreme Court
9 years, 7 months ago

Accused added under Section 319 of the Cr.P.C cannot avail of the remedy of discharge, rules the Supreme Court

Live Law  

In a significant judgment, the Supreme Court of India has held that the accused who has been added under Section 319 of the Cr.P.C cannot avail of the remedy of discharge under Section 227 of the Code of Criminal Procedure as it does not stand to reason that a person who is summoned as an accused to stand trial and …

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