VidhiSangh

Supreme Court of India · 18/07/2023

YASHODHAN SINGH & ORS. versus THE STATE OF UTTAR PRADESH & ANR.

[2023] 10 S.C.R. 1196 · 2023 INSC 652

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court held that a person summoned under Section 319 CrPC, who had not previously been discharged, has no right to a separate hearing before being added as an accused and cannot seek discharge under Section 227. The higher evidentiary threshold for summoning, challenge before a superior court and fresh-trial safeguards protect the person’s rights. The challenge to summoning was dismissed.

Issues

  1. Whether a person must be heard before being added as an accused under Section 319 CrPC.
  2. Whether a person so added can seek discharge under Section 227, and whether Jogendra Yadav required reconsideration.

Provisions considered

Held

Result

Appeal dismissed; summoning challenge rejected. Appellants’ stated intention to appear before the Sessions Court on 31 July 2023 and seek remedies available in law recorded; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 10 S.C.R. 1196.