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Constitution Bench of Supreme Court in judgment 'Hardeep Singh v. State of
Punjab' decided on 10.01.2014 settled controversy regarding law containing in section of Code of Criminal Procedure, 1973:-
125
311
319
357
The question in this case was can a person who was not named in the FIR or not charge sheeted be summoned under section 319 CrPC. It was held that - A person not named in the FIR or a person though named in the FIR. but has not been charge sheeted or a person who has been discharged can be summoned under Section 319 Cr. P.0 provided from the evidence it appears that such person can be tried along with the accused already facing trial
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