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2025 Supreme(SC) 462

J. B. PARDIWALA, MANOJ MISRA
Jamin – Appellant
Versus
State Of Uttar Pradesh – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Shaantanu Devansh, Adv. Ms. Rudrali Patil, Adv. Mr. Anshuman, AOR
For the Respondent(s): Mr. Shaurya Sahay, AOR Mr. Aditya Kumar, Adv. Ms. Ruchil Raj, Adv.

JUDGMENT :

J.B. PARDIWALA, J. :

For the convenience of exposition, this judgment is divided into the following parts: -

INDEX

A.

FACTUAL MATRIX

B.

SUBMISSIONS ON BEHALF OF THE APPELLANTS

C.

SUBMISSIONS ON BEHALF OF THE RESPONDENT

D.

ISSUES FOR DETERMINATION

E.

ANALYSIS

(i) Legislative history, ingredients and scope of Section 319 of the CrPC

(ii) Stage at which power under Section 319 of the CrPC can be exercised.

(iii) Meaning of the expression “could be tried together with the accused”

(iv) Peculiar facts of the present case not fully covered by the guidelines issued by this Court in its decisions in Sukhpal Singh Khaira and Hardeep Singh

(v) Whether the High Court was right in exercising its revision jurisdiction to set aside the order of the Trial Court rejecting the second application preferred by the respondent no. 2 under section 319 of the CrPC?

(vi) The order passed by the High Court in exercise of its revision jurisdiction would relate back to and replace the order passed by the Trial Court rejecting the application under Section 319 of the CrPC

(vii) Right

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