DHARAM PAL Vs. STATE OF HARYANA
LAWS(SC)-2013-7-107
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on July 18,2013

DHARAM PAL Appellant
VERSUS
STATE OF HARYANA Respondents





Cited Judgements :-

SHANKAR KUMAR THAKURTA VS. STATE OF M.P. [LAWS(MPH)-2014-8-181] [REFERRED TO]
ARVIND VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2014-8-64] [REFERRED TO]
DARSHAN KUMAR PAL VS. SHASHIKANT MAHESHWARI [LAWS(MPH)-2014-8-72] [REFERRED TO]
NARESH VS. STATE OF HARYANA [LAWS(P&H)-2015-1-423] [REFERRED TO]
PAL SINGH VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2014-5-932] [REFERRED]
AMIT & ANR VS. STATE OF HARYANA AND ORS [LAWS(P&H)-2013-8-1142] [REFERRED]
KAYYUM KHAN VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2013-9-951] [REFERRED]
ROHIT YADAV VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2019-3-214] [REFERRED TO]
RADHESHYAM VS. STATE OF M.P. AND ANOTHER [LAWS(MPH)-2018-8-334] [REFERRED TO]
KARU PANDIT VS. STATE OF BIHAR [LAWS(PAT)-2017-1-83] [REFERRED TO]
BABY RANI @ LACHMI DEVI, D/O ASHARFI CHOUDHARY VS. STATE OF BIHAR; ARUN KUMAR @ NISAR AHMAD [LAWS(PAT)-2014-6-86] [REFERRED]
SARITA KUMARI DAUGHTER OF SHRI MAHAVEER PRASAD WIFE OF SHRI SUNIL KUMAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-4-280] [REFERRED TO]
P. RAVI VS. ADDL. DIRECTOR GENERAL OF POLICE (CB-CID) CHENNAI [LAWS(MAD)-2024-3-312] [REFERRED TO]
VENKATAPPA VS. STATE OF KARNATAKA [LAWS(KAR)-2017-6-38] [REFERRED TO]
JAI PRAKASH MODI AND ORS. VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2016-1-128] [REFERRED TO]
S. KARUNANITHI VS. SIVANANDA RAO [LAWS(MAD)-2014-3-13] [REFERRED TO]
RESHMABEN W/O IMRANBHAI MAMADBHAI DAL (SANDHI) VS. STATE OF GUJARAT [LAWS(GJH)-2021-8-27] [REFERRED TO]
YOG RAJ @ KAKU VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-3-149] [REFERRED TO]
SURESH KUMAR SINGH VS. STATE OF U.P. [LAWS(ALL)-2024-2-74] [REFERRED TO]
MOHIT KUMAR VS. STATE OF U.P. [LAWS(ALL)-2024-1-56] [REFERRED TO]
YUVRAJ NAAG VS. STATE OF U.P. [LAWS(ALL)-2023-5-95] [REFERRED TO]
GADU NARAYANARAO AND ORS. VS. STATE OF ANDHRA PRADESH AND ORS. [LAWS(APH)-2015-6-103] [REFERRED TO]
RISHIPAL AND 10 ORS VS. STATE OF U P AND ANR [LAWS(ALL)-2019-2-76] [REFERRED TO]
KULDEEP NARAYAN VS. STATE OF U.P. [LAWS(ALL)-2020-4-47] [REFERRED TO]
VIJAY BAHADUR VS. STATE OF U.P. [LAWS(ALL)-2021-3-112] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. MANJURI BIBI AND OTHERS [LAWS(CAL)-2015-11-42] [REFERRED]
SUKUR ALI KHAN VS. STATE OF WEST BENGAL [LAWS(CAL)-2014-1-43] [REFERRED TO]
BALVEER SINGH AND ANR VS. STATE OF RAJASTHAN AND ANR [LAWS(SC)-2016-5-16] [REFERRED TO]
ONKAR SINGH AND ANOTHER VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2015-8-627] [REFERRED]
SARTAJ SINGH VS. STATE OF HARYANA [LAWS(SC)-2021-3-41] [REFERRED TO]
YASHODHAN SINGH VS. STATE OF UTTAR PRADESH [LAWS(SC)-2023-7-73] [REFERRED TO]
ABHIRAM MAHATO AND ORS. VS. THE STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2015-4-49] [REFERRED TO]
SHIVPRAKASH AND ANOTHER VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2017-11-73] [REFERRED TO]
KESHKALI VS. STATE OF U P [LAWS(ALL)-2015-5-133] [REFERRED TO]
PRATEEK GUPTA VS. STATE OF U. P. [LAWS(ALL)-2019-8-23] [REFERRED TO]
MERLA BHAVANI SHANKAR PRASAD VS. VALLABHANENI MYTRI PRIYADARSHINI [LAWS(APH)-2024-2-149] [REFERRED TO]
G. RAMESH NAIDU VS. CHITTEM DATTATREYA REDDY [LAWS(APH)-2022-8-88] [REFERRED TO]
SUN PHARMACEUTICALS LIMITED VS. STATE OF TELANGANA [LAWS(APH)-2016-4-47] [REFERRED TO]
DEWAN HOUSING FINANCE CORPORATION LIMITED VS. UNION OF INDIA [LAWS(BOM)-2021-11-37] [REFERRED TO]
FEROZKHAN JABBARKHAN PATHAN & ANR. VS. STATE OF MAHARASHTRA & ANR. [LAWS(BOM)-2020-2-235] [REFERRED TO]
M RUBIN BRITTO VS. INSPECTOR OF POLICE KUDUTHINI POLICE STATION BALLARI [LAWS(KAR)-2019-1-128] [REFERRED TO]
MOUSUMI MAHANTA VS. STATE OF ASSAM [LAWS(GAU)-2022-9-97] [REFERRED TO]
AWADHESH THAKUR VS. STATE OF JHARKHAND [LAWS(JHAR)-2015-11-34] [REFERRED TO]
UPENDRA NARAYAN SINGH @ UPENDRA KUMAR SINGH VS. UNION OF INDIA [LAWS(JHAR)-2015-2-66] [REFERRED TO]
DHIRJENDRA NATH SAW @ DHIRENDRA NATH SAHU @ D. N. SAW VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2017-9-138] [REFERRED TO]
SAHIL SHARMA VS. STATE OF H P & ANOTHER [LAWS(HPH)-2018-10-92] [REFERRED TO]
PANDURANG AND OTHERS VS. STATE [LAWS(KAR)-2016-6-141] [REFERRED TO]
SHIVANNA, S/O LATE SRI MALLAIAB AGED ABOUT 40 YEARS VS. THE STATE OF KARNATAKA BY S.H.O. OF SATHANUR POLICE STATION KANAKAPURA TALUK RAMANAGARA DISTRICT REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE [LAWS(KAR)-2017-2-87] [REFERRED TO]
BAJRANG LAL SON OF SHRI BHAGU RAM VS. THE STATE OF RAJASTHAN THROUGH P.P. AND ANOTHER [LAWS(RAJ)-2017-7-87] [REFERRED TO]
MANOHAR LAL SAINI AND ORS. VS. THE STATE OF RAJASTHAN [LAWS(RAJ)-2015-12-40] [REFERRED TO]
ESAKKIAMMAL VS. STATE BY INSPECTOR OF POLICE, CB CID [LAWS(MAD)-2015-10-94] [REFERRED TO]
R.N. AGARWAL VS. R.C. BANSAL [LAWS(SC)-2014-10-25] [REFERRED TO]
MEHAR SINGH AND ANOTHER VS. STATE OF PUNJAB [LAWS(P&H)-2018-4-38] [REFERRED TO]
SANSAR CHANDRA VS. STATE OF RAJ. [LAWS(RAJ)-2014-1-234] [REFERRED TO]
SUNITA DEVI, W/O LATE ANIL PASWAN VS. THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE, PATNA [LAWS(PAT)-2017-1-78] [REFERRED TO]
SATBIR SINGH VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2013-10-691] [REFERRED]
CHANDRA BABU @ MOSES VS. STATE, INSPECTOR OF POLICE [LAWS(SC)-2015-7-33] [REFERRED TO]
DHARAMPAL SAHARAN VS. STATE OF RAJASTHAN [LAWS(RAJ)-2024-2-86] [REFERRED TO]
P.J. VINCENT VS. STATE, BY INSPECTOR OF POLICE, SPE/CBI, EOW, CHENNIAI AND OTHERS [LAWS(MAD)-2017-8-85] [REFERRED TO]
SUNDAR P GOWDAKAR VS. D ANUSUYA [LAWS(KAR)-2018-1-115] [REFERRED TO]
AJAY KHEMARIYA & ANR. VS. STATE OF M.P. & ANR. [LAWS(MPH)-2016-12-71] [REFERRED TO]
RAJU RAJPUT VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2024-10-2] [REFERRED TO]
BHARTHO DEVI VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2015-7-284] [REFERRED TO]
A.ALAM PASHA VS. MURUGESH R. NIRANI [LAWS(KAR)-2021-3-6] [REFERRED TO]
MAHMOOD HASAN AND OTHERS VS. STATE OF HARYANA [LAWS(P&H)-2019-8-26] [REFERRED TO]
RAVI SHANKAR SINGH @ PAPPU VS. STATE OF U.P. [LAWS(ALL)-2017-3-158] [REFERRED TO]
WASIULLAH AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2020-4-106] [REFERRED TO]
SALMAN MUSHTAQUE SHAIKH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-2-244] [REFERRED TO]
ANIL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-2-246] [REFERRED TO]
SAKET MOT VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-7-195] [REFERRED TO]
STATE VS. V.P. PANDI @ ATTACK PANDI [LAWS(MAD)-2019-3-751] [REFERRED TO]
LUKMAN VS. STATE OF HARYANA [LAWS(P&H)-2019-10-37] [REFERRED TO]
ANUPAM KUMAR ALIAS POMPY VS. STATE OF PUNJAB [LAWS(P&H)-2019-11-89] [REFERRED TO]
PRASANNAJIT NAYAK VS. STATE OF ODISHA [LAWS(ORI)-2022-2-5] [REFERRED TO]
RASHPAL SINGH VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2017-4-112] [REFERRED TO]
MANORANJAN PRASAD SINHA VS. STATE OF JHARKHAND [LAWS(JHAR)-2023-10-81] [REFERRED TO]
JEEVAN JOY VS. STATE OF KERALA [LAWS(KER)-2020-10-315] [REFERRED TO]
JOSE PAUL VS. STATE OF KERALA [LAWS(KER)-2014-11-211] [REFERRED TO]
SIYYADULA RAM BABU VS. SALAPU CHINNODU [LAWS(APH)-2023-11-89] [REFERRED TO]
NAZAR ALI MURAD ALI MANDANI VS. THE STATE OF TELANGANA [LAWS(APH)-2017-2-61] [REFERRED TO]
ATA MOHAMMAD VS. STATE OF U.P. [LAWS(ALL)-2020-4-103] [REFERRED TO]
SHANKAR SINGH VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2016-4-274] [REFERRED]
SUSHEEL RAI AND 3 OTHERS VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2016-9-222] [REFERRED TO]
ANCHAL ADHIKARY VS. STATE OF WEST BENGAL [LAWS(CAL)-2021-8-52] [REFERRED TO]
KAMLESH SINGH VS. STATE OF U.P. [LAWS(ALL)-2024-2-40] [REFERRED TO]
PRADEEP S.WODEYAR VS. STATE OF KARNATAKA [LAWS(SC)-2021-11-72] [REFERRED TO]
ADITYANATH DAS VS. STATE OF TELANGANA [LAWS(TLNG)-2019-2-54] [REFERRED TO]
SANSAR CHANDRA VS. STATE OF RAJ [LAWS(RAJ)-2013-1-155] [REFERRED TO]
SUNIL BHARTI MITTAL VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(SC)-2015-1-17] [REFERRED TO]
SURESH MEENA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2020-3-45] [REFERRED TO]
RAJENDRA SHARMA VS. STATE OF MADHYA PRADESH [LAWS(SC)-2014-1-109] [REFERRED TO]
HARDEEP SINGH VS. STATE OF PUNJAB [LAWS(SC)-2014-1-19] [REFERRED TO]
KULDEEP KAUR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2023-12-95] [REFERRED TO]
VINOD GUPTA AND ORS. VS. HARYANA STATE POLLUTION CONTROL BOARD [LAWS(P&H)-2015-8-249] [REFERRED TO]
MADHOO @ MADHAB CH. KHUNTIA VS. STATE OF ORISSA [LAWS(ORI)-2016-6-47] [REFERRED TO]
GANGA RAM S/O NOLA RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2019-5-44] [REFERRED TO]
TARESH RAI AND ORS. VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2014-12-33] [REFERRED TO]
NARESH SAH VS. STATE OF BIHAR [LAWS(PAT)-2017-5-23] [REFERRED TO]
R. DHARMALINGAM VS. STATE [LAWS(MAD)-2019-11-70] [REFERRED TO]
JASHWANT RATHORE VS. STATE OF M.P. [LAWS(MPH)-2014-8-191] [REFERRED TO]
JAGDISH SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2018-9-11] [REFERRED TO]
GENUIYA DEVI VS. STATE OF JHARKHAND [LAWS(JHAR)-2015-2-124] [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION VS. DHARAMPAL SINGH CHOUDHARY [LAWS(KAR)-2014-9-113] [REFERRED TO]
PINTU @ VIRENDRA SINGH VS. STATE OF M.P. [LAWS(MPH)-2017-8-91] [REFERRED TO]
SOMESH GUPTA AND OTHERS VS. STATE OF MADHYA PRADESH AND ANOTHER [LAWS(MPH)-2018-2-118] [REFERRED TO]
JAGAT KIRTI VS. STATE OF H P [LAWS(HPH)-2018-11-212] [REFERRED TO]
V. SIVA KUMAR VS. STATE OF TELANGANA [LAWS(APH)-2015-7-95] [REFERRED TO]
K. RATNA PRABHA VS. STATE OF TELANGANA [LAWS(APH)-2017-6-42] [REFERRED TO]
PERLA GOPINATH REDDY VS. STATE OF A.P. [LAWS(APH)-2022-7-105] [REFERRED TO]
SIDDAVARAPU VENKATARAMI REDDY VS. STATE OF A.P. [LAWS(APH)-2024-2-141] [REFERRED TO]
BALBIR SINGH VS. STATE [LAWS(DLH)-2015-12-157] [REFERRED TO]
ASAD ALI VS. STATE OF U.P. [LAWS(ALL)-2024-8-12] [REFERRED TO]
AJWAR VS. STATE OF U.P. [LAWS(ALL)-2024-7-6] [REFERRED TO]
SANJU VS. STATE OF U.P. [LAWS(ALL)-2024-1-50] [REFERRED TO]
AMITABH SHARMA VS. STATE OF U P AND 2 ORS [LAWS(ALL)-2018-2-104] [REFERRED TO]
ASHOK KUMAR VS. STATE OF U.P. [LAWS(ALL)-2016-8-89] [REFERRED TO]
ANAR SINGH VS. STATE OF U P [LAWS(ALL)-2015-5-166] [REFERRED TO]
DIMPU ALIAS MADAN AND 5 OTHERS VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2016-9-131] [REFERRED]
RAM PRAKASH SINGH VS. STATE OF U.P. [LAWS(ALL)-2014-10-31] [REFERRED TO]
HARIKISHAN SHAW VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-11-34] [REFERRED TO]
MAHESH KARIMAN TIRKI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-10-141] [REFERRED TO]
RAKESH MITTAL VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(UTN)-2019-8-41] [REFERRED TO]
VIJAY KUMAR VS. STATE [LAWS(RAJ)-2022-7-163] [REFERRED TO]
BAJINDER SINGH AND ORS. VS. STATE OF PUNJAB [LAWS(P&H)-2015-7-261] [REFERRED TO]
CBI VS. ANDASU RAVINDAR [LAWS(MAD)-2016-7-171] [REFERRED TO]
DINAKAR SHETTY VS. STATE OF KARNATAKA [LAWS(KAR)-2021-4-183] [REFERRED TO]
GANPAT MEHTA @ GANPAT PRASAD MEHTA VS. STATE OF BIHAR & ANR [LAWS(PAT)-2018-11-17] [REFERRED TO]
CHORU LAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-4-41] [REFERRED TO]
GANGA RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2019-5-226] [REFERRED TO]
RAKESH VS. ISMAIL [LAWS(MPH)-2022-8-95] [REFERRED TO]
INDRA SINGH VS. STATE OF M.P. [LAWS(MPH)-2022-9-72] [REFERRED TO]
ANGREJ SINGH @ GEJI VS. STATE OF HARYANA [LAWS(P&H)-2013-9-866] [REFERRED]
SWEETY VS. STATE OF PUNJAB [LAWS(P&H)-2015-1-496] [REFERRED TO]
K. SOMAN VS. STATE OF KERALA [LAWS(KER)-2015-1-17] [REFERRED TO]
ROHIT KUMAR YADAV VS. STATE OF U.P. [LAWS(ALL)-2022-8-105] [REFERRED TO]
BABY KHATOON WIFE OF LATE ABDUL RASHID AND OTHERS VS. THE STATE OF JHARKHAND AND OTHERS [LAWS(JHAR)-2016-1-174] [REFERRED TO]
HAKIM MIAN @ HAKIM ANSARI VS. STATE OF JHARKHAND AND OTHERS [LAWS(JHAR)-2016-1-166] [REFERRED TO]
V P RAJANNA VS. STATE OF KARNATAKA [LAWS(KAR)-2018-7-172] [REFERRED TO]
LAKHAM DAMJI BHESLA VS. STATE OF GUJARAT [LAWS(GJH)-2016-12-178] [REFERRED TO]
S. BALA KRISHNA VS. THE STATE OF TELANGANA AND ORS. [LAWS(APH)-2016-1-41] [REFERRED TO]
SATISH CHANDRA SRIVASTAVA VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2019-1-16] [REFERRED TO]
DINESH KUMAR SHARMA VS. STATE OF U P AND 2 ORS [LAWS(ALL)-2018-2-333] [REFERRED TO]
SUNIL GUPTA VS. CENTRAL BUREAU OF INVESTIGATION, LUCKNOW AND ANR [LAWS(ALL)-2018-2-331] [REFERRED TO]
SAMOON & OTHERS VS. STATE OF U P & ANOTHER [LAWS(ALL)-2016-9-205] [REFERRED]
BACHCHA RAI VS. STATE OF U P & 3 OTHERS [LAWS(ALL)-2016-6-38] [REFERRED]
SMT. KALAWATI VS. STATE OF U.P. [LAWS(ALL)-2017-6-27] [REFERRED TO]
HARI KISHAN VS. STATE OF U.P. [LAWS(ALL)-2017-2-181] [REFERRED TO]
RAVI VS. STATE OF U.P. [LAWS(ALL)-2021-12-115] [REFERRED TO]
NIMISH AGARWAL VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-5-96] [REFERRED TO]
SADAB VS. STATE OF U. P. [LAWS(ALL)-2023-1-125] [REFERRED TO]
SOMULA VENKATASUBBA REDDY VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2022-10-101] [REFERRED TO]
SANJAY VS. STATE OF KARNATAKA [LAWS(KAR)-2024-3-92] [REFERRED TO]
MANAS KUMAR SAHU VS. STATE [LAWS(ORI)-2014-1-64] [REFERRED TO]
LAKHBIR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2014-2-19] [REFERRED TO]
SHODAN SINGH S/O SHRI RAMJI LAL, BY CASTE THAKUR, RESIDENT OF VILLAGE PIPLA, POLICE STATION CHIKSANA, DISTRICT BHARATPUR VS. STATE OF RAJASTHAN THROUGH PUBLIC PROSECUTOR [LAWS(RAJ)-2016-11-74] [REFERRED TO]
BALVEER SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-12-153] [REFERRED TO]
GANGADHARAN VS. THE STATE AND ORS. [LAWS(MAD)-2015-2-221] [REFERRED TO]
NAHAR SINGH VS. STATE OF UTTAR PRADESH [LAWS(SC)-2022-3-52] [REFERRED TO]
KAVITA CHANDRAKANT LAKHANI VS. STATE OF MAHARASHTRA & ANR. [LAWS(SC)-2018-4-140] [REFERRED TO]
BHARAT BHUSHAN VAID VS. STATE OF H P AND OTHERS [LAWS(HPH)-2019-5-51] [REFERRED TO]
K K JAYACHANRAN VS. STATE OF KERALA [LAWS(KER)-2019-8-110] [REFERRED TO]
RAMSHARAN SHARMA AND ANOTHER VS. STATE OF MP [LAWS(MPH)-2017-4-103] [REFERRED TO]
MAMA VS. STATE OF ORISSA [LAWS(ORI)-2022-9-147] [REFERRED TO]
SITA D/O MANI RAM, B/C KUMAHAR VS. THE STATE OF RAJASTHAN [LAWS(RAJ)-2018-2-16] [REFERRED TO]
NITISH KUMAR VS. STATE OF BIHAR [LAWS(PAT)-2019-3-25] [REFERRED TO]
KUMMARI LAKSHMAIAH (ANGADI) AND OTHERS VS. STATE OF ANDHRA PRADESH AND ANOTHER [LAWS(APH)-2015-12-65] [REFERRED TO]
SANTOSH LAKHICHAND PATIL & ANR. VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-2-232] [REFERRED TO]
BHANUDAS VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-2-237] [REFERRED TO]
SHAFIQUE AHMED VS. STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2016-3-69] [REFERRED TO]
RAHUL SAHAI VS. STATE OF U P & ANOTHER [LAWS(ALL)-2017-11-100] [REFERRED TO]
SHALINI KASHYAP VS. STATE OF U.P [LAWS(ALL)-2022-9-5] [REFERRED TO]
K.S. SUDARSHAN REDDY VS. STATE OF A.P. AND ORS. [LAWS(TLNG)-2018-11-64] [REFERRED TO]
N.JYOTSNA VS. STATE [LAWS(TLNG)-2019-3-149] [REFERRED TO]


JUDGEMENT

- (1.)This matter was initially directed to be heard by a Bench of Three- Judges in view of the conflict of opinion in the decisions of two Two-Judge Benches, in the cases of Kishori Singh and Others Vs. State of Bihar and Others, 2004 13 SCC 11; Rajender Prasad Vs. Bashir and Others, 2001 8 SCC 522 and SWIL Limited Vs. State of Delhi and Others, 2001 6 SCC 670. When the matter was taken up for consideration by the Three-Judge Bench on 1st September, 2004, it was brought to the notice of the court that two other decisions had a direct bearing on the question sought to be determined. The first is the case of Kishun Singh Vs. State of Bihar, 1993 2 SCC 16, and the other is a decision of a Three-Judge Bench in the case of Ranjit Singh Vs. State of Punjab, 1998 7 SCC 149. Ranjit Singh's case disapproved the observations made in Kishun Singh's case, which was to the effect that the Session Court has power under Section 193 of the Code of Criminal Procedure, 1973, hereinafter referred to as "the Code", to take cognizance of an offence and summon other persons whose complicity in the commission of the trial could prima facie be gathered from the materials available on record. According to the decision in Kishun Singh's case , the Session Court has such power under Section 193 of the Code. On the other hand, in Ranjit Singh's case , it was held that from the stage of committal till the Session Court reached the stage indicated in Section 230 of the Code, that Court could deal only with the accused referred to in Section 209 of the Code and there is no intermediary stage till then enabling the Session Court to add any other person to the array of the accused.
(2.)The Three-Judge Bench took note of the fact that the effect of such a conclusion is that the accused named in column 2 of the charge-sheet and not put up for trial could not be tried by exercise of power by the Session Judge under Section 193 read with Section 228 of the Code. In other words, even when the Session Court applied its mind at the time of framing of charge and came to the conclusion from the materials available on record that, in fact, an offence is made out against even those who are shown in column 2, it has no power to proceed against them and has to wait till the stage under Section 319 of the Code is reached to include such persons as accused in the trial if from the evidence adduced, their complicity was also established. The further effect as noted by the Three-Judge Bench was that in less serious offences triable by the Magistrate, he would have the power to proceed against those mentioned in column 2, in case he disagreed with the police report, but in regard to serious offences triable by the Court of Session, the Court could have to wait till the stage of Section 319 of the Code was reached. The Three-Judge Bench disagreed with the views expressed in Ranjit Singh's case, but since the contrary view expressed in Ranjit Singh's case had been taken by a Three-Judge Bench, the Three-Judge Bench hearing this matter, by its order dated 20th January, 2005, directed the matter to be placed before the Chief Justice for placing the same before a larger Bench.
(3.)In view of the above, the matter has been placed before the Constitution Bench for consideration.


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