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2012 Supreme(Del) 2383

MUKTA GUPTA
Rakesh Kanojia – Appellant
Versus
State Govt. of NCT of Delhi – Respondent


Through:Mr. Anurag Ahluwalia and Mr. Rahul Dhankar, Advocates., Through: Mr. Manoj Ohri, APP for the State with SI Ranjeev, PS Dabri.

JUDGMENT :

Mukta Gupta, J.

1. The Petitioner in the present petition is aggrieved by the order dated 20th November, 2010 passed by the learned Additional Sessions Judge in Sessions Case No. 2/2009 summoning the Petitioner as an accused in the case under Section 319 Cr.P.C.

2. The contention of the learned counsel for the Petitioner is that an order under Section 319 Cr.P.C. can be passed only during the pendency of the trial. Once the judgment is dictated/pronounced the trial comes to an end and the Court has no jurisdiction to summon an additional accused under Section 319 Cr.P.C. It is contended that the impugned order dated 20th November, 2010 summoning the Petitioner was passed after the learned Additional Sessions Judge dictated and pronounced the judgment in the abovementioned Sessions Case convicting the other family members of the Petitioner, that is, Munni Devi, Archana and Rajesh for offences under Sections 307/498A/34 IPC. In this regard reference is made to Section 353 Cr.P.C. which states that the judgment in every trial shall be pronounced by the Presiding Officer immediately after the termination of the trial or at some subsequent time of which notice shall be given to


















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