SHASHIKANT SINGH Vs. TARKESHWAR SINGH
LAWS(SC)-2002-4-69
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on April 24,2002

SHASHIKANT SINGH Appellant
VERSUS
TARKESHWAR SINGH Respondents





Cited Judgements :-

S. NATARAJAN VS. S.V. GLOBAL MILLS LTD. AND ORS. [LAWS(MAD)-2015-4-402] [REFERRED TO]
PHOOL KUMAR AND ORS. VS. STATE OF HARYANA [LAWS(P&H)-2015-10-4] [REFERRED TO]
BINO YADAV @ BINDESHWARI YADAV SON OF FEKAN YADAV @ RAMESHWAR YADAV VS. STATE OF BIHAR [LAWS(PAT)-2009-1-79] [REFERRED TO]
HARDEEP SINGH VS. STATE OF PUNJAB [LAWS(SC)-2008-11-198] [REFERRED TO]
JAGGA ALIAS JAGVIR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2011-8-26] [REFERRED TO]
NAHAR SINGH VS. STATE OF U P [LAWS(ALL)-2015-5-93] [REFERRED TO]
SHANKRABHAI KALABHAI RABARI VS. STATE OF GUJARAT AND ORS. [LAWS(GJH)-2015-3-133] [REFERRED TO]
NAVNEESH VS. STATE OF U P [LAWS(ALL)-2011-12-47] [REFERRED TO]
P MEGANATHAN VS. STATE OF TAMIL NADU [LAWS(MAD)-2010-3-22] [REFERRED TO]
SUNDAR LAL VS. STATE [LAWS(UTN)-2018-1-32] [REFERRED TO]
SATISH KUMAR BHALLA VS. STATE [LAWS(DLH)-2014-1-309] [REFERRED TO]
MAFIDAN BEWA VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2017-7-319] [REFERRED TO]
RANENDRA PAL SINGH VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2015-5-224] [REFERRED TO]
JASVEER VS. STATE OF UTTARAKHAND [LAWS(UTN)-2017-7-14] [REFERRED TO]
GURDAS SINGH VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2015-10-364] [REFERRED]
AMAR NATH VS. STATE OF HARYANA [LAWS(P&H)-2002-10-10] [REFERRED TO]
SARWAR HUSSAIN VS. STATE OF H.P. [LAWS(HPH)-2011-11-71] [REFERRED TO]
DYANI ANTONY PAUL VS. UNION OF INDIA [LAWS(KAR)-2020-12-254] [REFERRED TO]
IMRAN VS. STATE OF U P [LAWS(ALL)-2013-1-59] [REFERRED TO]
COMMITTEE OF MANAGEMENT VS. STATE OF U P [LAWS(ALL)-2012-1-215] [REFERRED TO]
BABLU VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2022-3-116] [REFERRED TO]
SUDHIR VS. STATE OF U P [LAWS(ALL)-2015-5-92] [REFERRED TO]
RANGA REDDY DISTRICT PRADESH PANCHAYAT RAJ DEPARTMENT HYDERABAD VS. STATE OF A P [LAWS(APH)-2004-1-74] [REFERRED TO]
ANMOL SHARMA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2020-1-95] [REFERRED TO]
R C CHAUDHARY VS. VICE CHANCELLOR DR BHIM RAO AMBEDKAR UNIVERSITY AGRA [LAWS(ALL)-2003-4-262] [REFERRED TO]
KESARI DEVI VS. STATE OF U P [LAWS(ALL)-2005-8-185] [REFERRED TO]
DHRUVA PRASAD OJHA VS. STATE OF JHARKHAND [LAWS(JHAR)-2018-11-7] [REFERRED TO]
SURENDAR S/O JAGAN VS. STATE OF RAJASTHAN THROUGH PUBLIC PROSECUTOR [LAWS(RAJ)-2016-6-38] [REFERRED TO]
SITA RAM VS. STATE [LAWS(RAJ)-2006-7-11] [REFERRED TO]
PARAMJIT SINGH VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2013-10-667] [REFERRED]
ATEEK VS. STATE OF RAJASTHAN [LAWS(RAJ)-2007-3-5] [REFERRED TO]
SHYAM KUMAR @ SHYAMA YADAV VS. STATE OF BIHAR [LAWS(PAT)-2015-3-155] [REFERRED TO]
K K AHAMMED VS. P J ANTONY [LAWS(KER)-2005-9-21] [REFERRED TO]
BABUBHAI BHIMABHAI VS. STATE OF GUJARAT [LAWS(SC)-2013-1-92] [REFERRED TO]
HARINARAYAN G BAJAJ VS. STATE OF MAHARASHTRA [LAWS(SC)-2010-1-3] [REFERRED TO]
PRASANNA DASS VS. STATE OF ORISSA [LAWS(SC)-2004-8-181] [REFERRED TO]
RADHA MOHAN GOND VS. STATE OF BIHAR [LAWS(PAT)-2006-5-49] [RELIED ON]
AMAN KAUR@ AMANDEEP KAUR & ANOTHER VS. STATE OF PUNJAB [LAWS(P&H)-2013-8-1184] [REFERRED]
RAMPUKAR SINGH & ORS VS. STATE OF BIHAR [LAWS(PAT)-2018-1-118] [REFERRED TO]
SHYAM KUMAR AND ORS. VS. THE STATE OF BIHAR [LAWS(PAT)-2015-7-141] [REFERRED TO]
JINDER KAUR @ SHINDER KAUR AND ANOTHER VS. STATE OF PUNJAB [LAWS(P&H)-2012-9-367] [REFERRED]
ARSHIDA VS. STATE OF HARYANA [LAWS(P&H)-2013-10-152] [REFERRED TO]
GURPREET KAUR VS. STATE OF HARYANA AND ANOTHER [LAWS(P&H)-2012-11-286] [REFERRED]
ROSHAN GENERAL STORE VS. VIVEK GUPTA [LAWS(MPH)-2003-7-63] [REFERRED TO]
DHAN RAJ VS. BRIJESH KUMAR [LAWS(RAJ)-2002-10-24] [REFERRED TO]
T MURLIDHAR VS. STATE OF A P [LAWS(APH)-2004-9-133] [REFERRED TO]
HAJI SHAFIQ AHMAD VS. STATE OF U.P. [LAWS(ALL)-2014-1-47] [REFERRED TO]
UMESH SHARMA VS. STATE OF U.P. [LAWS(ALL)-2020-1-413] [REFERRED TO]
BABLU @ VISHNU DHAR DUBEY VS. STATE OF U.P. [LAWS(ALL)-2021-3-99] [REFERRED TO]
U P CO OPERATIVE SUGAR FACTORIES FEDERATION LIMITED LUCKNOW VS. P S MISRA GORAKHPUR [LAWS(ALL)-2002-12-18] [REFERRED TO]
G SAMBHU RAO VS. STATE OF ORISSA [LAWS(ORI)-2007-1-15] [REFERRED TO]
PURNA CHANDRA BEHERA VS. DIBAKAR BEHERA [LAWS(ORI)-2008-8-82] [REFERRED TO]
BOTH LAL GURJAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-8-59] [REFERRED TO]
GURMAIL SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2021-8-135] [REFERRED TO]
MD SADIQUE VS. STATE OF BIHAR [LAWS(PAT)-2004-9-87] [DISTINGUISHED]
RAJENDRA SINGH VS. STATE OF U P [LAWS(SC)-2007-8-77] [REFERRED TO]
NATHU LAL VS. STATE [LAWS(RAJ)-2006-7-9] [REFERRED TO]
SUKHPAL SINGH KHAIRA VS. STATE OF PUNJAB [LAWS(SC)-2019-5-62] [REFERRED TO]
SUKHPAL SINGH KHAIRA VS. STATE OF PUNJAB [LAWS(SC)-2022-12-9] [REFERRED TO]
SANKAR NAIK VS. STATE [LAWS(ORI)-2002-8-20] [REFERRED TO]
NEELAM AND OTHER VS. STATE OF HARYANA AND ANOTHER [LAWS(P&H)-2014-8-437] [REFERRED]
STATE OF KARNATAKA AND ORS VS. MALLIKARJUNA S/O BHEEMAPPA AND ORS [LAWS(KAR)-2011-10-161] [REFERRED]
MOHANLAL VS. KRISHAN LAL [LAWS(RAJ)-2002-11-18] [REFERRED TO]
KISHAN GOVIND PATIL & ORS. VS. STATE OF MAHARASHTRA & ORS. [LAWS(BOM)-2016-9-192] [REFERRED TO]
ANAND GOPAL PRADHAN VS. STATE OF U.P. [LAWS(ALL)-2013-1-279] [REFERRED TO]
JAGDISH VS. DEPUTY DIRECTOR OF CONSOLIDATION [LAWS(ALL)-2013-1-165] [REFERRED TO]
MOHIT SINGH VS. STATE OF U P [LAWS(ALL)-2009-12-29] [REFERRED TO]
PRATEEK MISHRA VS. UNION OF INDIA AND ORS. [LAWS(ALL)-2016-4-217] [REFERRED TO]
HARBHAJAN SINGH VS. STATE OF PUNJAB [LAWS(SC)-2009-7-98] [REFERRED TO]
SAROJBEN ASHWINKUMAR SHAH VS. STATE OF GUJARAT [LAWS(SC)-2011-8-73] [REFERRED TO]
RAM SINGH VS. RAM NIWAS [LAWS(SC)-2009-5-138] [REFERRED TO]
SARABJIT SINGH VS. STATE OF PUNJAB [LAWS(SC)-2009-5-225] [REFERRED TO]
VADDE VEERESH VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2013-3-38] [REFERRED TO]
BALBEER VS. STATE OF U.P. [LAWS(ALL)-2016-7-124] [REFERRED]
KAILASH SINGH VS. STATE OF U.P. [LAWS(ALL)-2020-1-281] [REFERRED TO]
NEERU AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2019-7-468] [REFERRED TO]
BIMAN CHATTERJEE VS. STATE OF WEST BENGAL [LAWS(CAL)-2008-5-45] [REFERRED TO]
SHIV KUMAR SHARMA VS. THE STATE [LAWS(DLH)-2009-7-396] [REFERRED TO]
BANSILAL S KABRA VS. GLOBAL TRADE FINANCE LTD [LAWS(BOM)-2010-7-140] [REFFERD TO]
BRIJ MOHAN VS. STATE OF RAJASTHAN [LAWS(RAJ)-2011-12-54] [REFERRED TO]
ABDULLA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2012-4-170] [REFERRED TO]
SUKHPAL SINGH KHAIRA VS. STATE OF PUNJAB [LAWS(P&H)-2017-11-32] [REFERRED TO]
YASHWANT KUMAR SINGH, S/O SRI AMAR SINGH VS. STATE OF BIHAR [LAWS(PAT)-2017-7-195] [REFERRED TO]
NARESH VS. RAMPAL AND OTHERS [LAWS(P&H)-2012-4-195] [REFERRED]
NARESH VS. RAMPAL AND OTHERS [LAWS(P&H)-2012-4-195] [REFERRED]
P.NALLASIVAM VS. GOVERNMENT TAMIL NADU [LAWS(MAD)-2019-3-438] [REFERRED TO]
P.GANGADHARAN, S/O. KUNHAMBU VS. STATE OF KERALA [LAWS(KER)-2016-2-192] [REFERRED TO]
KANTHARAJ VS. STATE OF KARNATAKA [LAWS(KAR)-2006-8-6] [REFERRED TO]
DHARMENDRA KATARIA VS. GANGANAGAR SUGAR MILLS LTD [LAWS(RAJ)-2006-12-7] [REFERRED TO]
SHEO NARAYAN VS. STATE OF RAJASTHAN & ORS. [LAWS(RAJ)-2005-3-125] [REFERRED TO]
VIRENDRA VS. STATE [LAWS(RAJ)-2006-8-31] [REFERRED TO]
MUKESH KUMAR VS. STATE OF U. P. [LAWS(ALL)-2013-9-51] [REFERRED TO]
KISHAN SHARMA VS. STATE OF U P [LAWS(ALL)-2011-4-170] [REFERRED TO]
HARDEEP SINGH VS. STATE OF PUNJAB [LAWS(SC)-2008-11-14] [REFERRED TO]
PRAVEEN DHAMA VS. STATE OF UTTARAKHAND [LAWS(UTN)-2022-4-139] [REFERRED TO]
PURUSHOTTAM ALIAS PICHHARU VS. STATE OF CG [LAWS(CHH)-2006-5-20] [REFERRED TO]
BHUDEV SHARMA VS. STATE OF U P [LAWS(ALL)-2008-5-75] [REFERRED TO]
MAYANK CHATURVEDI VS. STATE OF U P [LAWS(ALL)-2012-9-98] [REFERRED TO]
MANMOHAN VS. DEPUTY DIRECTOR [LAWS(ALL)-2013-1-164] [REFERRED TO]
NOOR MOHAMMAD S/O LATE HUSAINI VS. STATE OF U.P [LAWS(ALL)-2013-3-30] [REFERRED TO]
NISHAN SINGH VS. STATE OF PUNJAB [LAWS(SC)-2008-3-6] [REFERRED TO]
BHOLU RAM VS. STATE OF PUNJAB [LAWS(SC)-2008-8-113] [REFERRED TO]
RAZAK VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2015-12-102] [REFERRED TO]
RAMJI LAL & ORS. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2006-5-409] [REFERRED TO]
Rudreshi @ M.B. Rudrappa S/o Bheemappa VS. State by Rural Police, Harihar [LAWS(KAR)-2011-10-79] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)Can a person summoned pursuant to an order passed by a court in exercise of power conferred by Section 319 of the Code of Criminal Procedure, 1973 (the Code) be tried for the offence for which he is summoned after the conclusion of the trial wherein such an order of summoning was passed, is the question that falls for determination in this appeal. Such a question regarding the interpretation of Section 319 of the Code has arisen for the first time. The answer would depend upon the interpretation of the words 'could be tried together with the accused' in Section 319 of the Code. The question has come up for consideration under the following circumstances:
(3.)On the statement of Shashikant Singh, a case under Section 302/34, IPC and under Section 27 of the Arms Act for murder for his brother Shivakant Singh was registered against five persons including respondent No.1 and also one Chandra Shekhar Singh. On completion of investigation, police submitted charge-sheet against Chandra Shekhar Singh showing the other accused as absconders and as far as respondent No.1 is concerned investigation was shown to be pending. Against Chandra Shekhar Singh, the Court of Session framed charge under Section 302, IPC and Section 27 of the Arms Act.


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