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Showing contexts for: application under section 319 in Surinder Pal vs State Of H.P on 31 August, 2023Matching Fragments
3.2. When the trial against the said accused persons was pending, the prosecution has moved an application under Section 319 Cr.PC, for summoning the additional accused Surjeet Singh and Manmohan Singh. The said application was allowed and both the above persons were summoned, as additional accused, to face the trial.
::: Downloaded on - 02/09/2023 20:34:15 :::CIS 33.3 Unfortunately, during the pendency of those proceedings, accused Manmohan Singh had died, as such, .
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14. During the pendency of the trial, on 19.12.2002, the prosecution has moved an application under Section 319 Cr.PC, for summoning Surjeet Singh and Manmohan Singh, as accused.
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15. Vide order dated 29.10.2007, the proceedings against accused rt Manmohan Singh, who has been summoned, under Section 319 Cr.PC, have been ordered to be abated, on account of his death.
16. The charges, under Sections 365, 342, 330, read with Section 34 IPC, were framed against accused Surjeet Singh, on 11.3.2008. The charges, so framed, when put to accused Surjeet Singh, he had not pleaded guilty and claimed to be tried. When, the orders were passed in the application under Section 319 Cr.PC, on 19.12.2002, the prosecution evidence, against all four accused, was almost complete.
17. Accused Surjeet Singh, who has been summoned, under Section 319 Cr.PC, has assailed the order dated 11.3.2008, passed by the learned trial Court, by virtue of which, charges have been framed against him.
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36. Thereafter, when prosecution has moved an application under Section 319 Cr.PC, accused Surjeet Singh and Manmohan Singh, were summoned.
Unfortunately, accused Manmohan Singh, has expired, of during the pendency of the trial, as such, the trail against him, was ordered to be abated.
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37. Considering the fact that accused Surjeet Singh and Manmohan Singh were summoned, at the fag end of the trial, as such, vide order dated 13.03.2014, a direction had been issued to the prosecution to file separate charge sheet against accused Surjeet Singh. The same set of witnesses has been examined in both the trials.