VidhiSangh

Supreme Court of India · 29/01/2021

AJAY KUMAR @ BITTU & ANR. versus STATE OF UTTARAKHAND & ANR.

[2021] 1 S.C.R. 191 · 2021 INSC 48

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Summary

The Supreme Court restored a revision challenging summoning under Section 319 CrPC. Subsequent warrants and bond-forfeiture notices did not insulate the original summoning order from scrutiny; if that order failed, consequential proceedings would also fall. The High Court was to reconsider the revision on merits, including the asserted juvenility of one appellant. The Supreme Court did not itself decide whether the evidence justified adding the appellants as accused.

Issues

  1. Whether subsequent coercive and bond-forfeiture proceedings barred revision of the underlying Section 319 summoning order.

Provisions considered

Held

Result

Appeal allowed; the High Court’s dismissal of revision set aside and the revision restored for fresh consideration, including the juvenility ground.

Judgment PDF: Supreme Court of India, [2021] 1 S.C.R. 191.