VidhiSangh

Supreme Court of India · 05/01/2024

GURDEV SINGH BHALLA versus STATE OF PUNJAB & ORS

[2024] 1 S.C.R. 319 · 2024 INSC 22

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Summary

The Supreme Court upheld the summoning of a police inspector as an additional accused under Section 319 CrPC. The allegations of demands for money and custodial mistreatment had been consistently made before his later testimony against the complainant’s father, undermining his contention that the summoning application was retaliatory. The trial must proceed independently on its merits.

Issues

  1. Whether the evidence satisfied the requirements for summoning the appellant under Section 319 CrPC.
  2. Whether the allegations were a later improvement or retaliation for the appellant’s testimony against the complainant’s father.

Provisions considered

Held

Result

Appeal dismissed; the order summoning the appellant under Section 319 CrPC and the High Court’s refusal to interfere were left undisturbed. The trial court must decide the case on its own merits, on the evidence adduced, uninfluenced by the Supreme Court’s observations.

Judgment PDF: Supreme Court of India, [2024] 1 S.C.R. 319.