Hardeep Singh vs State Of Punjab & Ors on 10 January, 2014
42. Coming last to the argument of Mr. Aggarwal that without any
supplementary report under Section 173(8) of the Code having been
submitted to the trial court and therefore the petitioner not having been
actually declared to be either innocent or otherwise by the investigating
agency and consequently the impugned order being pre-mature, though at
first blush it did seem to me to be a good argument, however, what obviously
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cannot be ignored by this court, firstly, is that in Hardeep Singhs' case it has
been held that the trial court can at any time after the trial has commenced,
summon an accused under the provisions of Section 319. As regards no
supplementary report actually having been submitted by the investigating
agency, it had obviously 'given its mind' by way of an "informal report"