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News Topical, Digital Desk : The Supreme Court on Wednesday told courts that the power to take action against a person found guilty of an offence should be exercised with utmost caution and not as a means of harassing him.

Power of the court to summon a person during the hearing

A bench of Justices Sanjay Karol and Jaymalya Bagchi made this remark while hearing a case related to Section 319 of the erstwhile CrPC. Under Section 319, the court has the right to summon a person during the hearing.

 

The bench said that this provision empowers the court to take action against a person even if he has not been accused. Needless to say, this power should be exercised with utmost care and not recklessly. Its purpose is only to advance justice and not to become a means of harassing a person or abusing the process of law.

this is the matter

The apex court's decision came on an appeal against an order passed by the Allahabad High Court in July last year quashing the summons issued against a man by a trial court in Kaushambi under Section 319 of the CRPC in a 2017 murder case.

 

The apex court reversed the High Court's decision

Allowing the appeal filed by the complainant in the case, the apex court set aside the high court's decision and restored the lower court's summons order. The bench directed the parties to appear before the lower court on August 28 and ordered the trial to be completed within 18 months.


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