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Hardeep Singh vs State Of Punjab & Ors on 7 November, 2008

Learned counsel for the petitioner next contended that a person should not be summoned as additional accused unless the court comes to the conclusion that there is reasonable prospect of his conviction. Reliance, in support of this contention, has been placed on a judgment of the Hon'ble Apex Court in case Hardeep Singh versus State of Punjab and others, 2008(4) RCR (Criminal) 947. However, by this judgment, the aforesaid questions whether powers under section 319 Cr.P.C. can be used only if the court is satisfied that the accused to be summoned in all likelihood would be convicted and whether application under section 319 Cr.P.C. is not maintainable unless cross-examination of the witness is complete, have been referred to a Larger Bench. Consequently, this contention cannot be accepted.
Supreme Court of India Cites 27 - Cited by 80 - C K Thakker - Full Document
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