A BENCH O J AFTAB AALAM & R M LODHA IN AN ORDER TICKED OFF A TRAIL COURT FOR REFUSING TO SUMMONS CERTAIN ACCUSED : WELL –KNOWN PERSONS
A case was registered against 17 persons but police charg sheet only for 14 persons under IPC SEC 143, 147,149,323,427.504,506, no charge on no 2 , 3, & 6 named in fir
An application under sec 319 CrPC FOR SUMMONING OF THE TREE other accused
The trail court rejected the plea by taking the view that the two witness were related to the complaint & no independence witness had been examined before him , they were teacher 7 well known person they would suffer due to the delay caused by summoning the additional accused
H c dismissed plea by citing delay in filling of the application
Th apex court rejecting the reasoning & directed the trail court to consider afresh plea for summoning of the additional accused
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