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Sukhpal Singh Khaira v. The State of Punjab

Criminal Appeal · 2019 INSC 669Decided 10 May 2019
Criminal Appeal No. 885 of 2019
Justice N.V. Ramana · Justice Mohan M. Shantanagoudar

Background

This is a referral order, not a final judgment. The trial court summoned additional accused under Section 319 CrPC on the same day it delivered its judgment convicting the other accused.

Decision Breakdown

This is a referral order, not a final judgment. The Court granted leave and held that the Constitution Bench decision in Hardeep Singh v. State of Punjab had not settled this situation. It framed three questions of law, including whether additional accused can be summoned after judgment is pronounced, and placed the matter before the Chief Justice of India for a larger bench.

Lesson Learnt

There is no final ruling yet. Whether a court can summon additional accused after convicting the others was left to a larger bench.

Official source (sci.gov.in)View Judgment (PDF)

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