Karnail Singh Cheema vs State & Anr.

ik-109488539 Delhi High Court 9 December 2024 • 25 min read

Judges (1)

Amit Mahajan Delivered

Counsel (13)

Ajay Counsel Respondent Ajay Verma Counsel Petitioner Bhuman Bansal Counsel Respondent Katyayini Counsel Petitioner Krishna Sharma Counsel Petitioner Meenakshi Tyagi Counsel Respondent Praveen Kumar Counsel Respondent Sumeet Verma Counsel Amicus Sunil Kumar Gautam Counsel Respondent Vaishnav Kirti Singh Counsel Petitioner Vikas Tyagi Counsel Respondent Vincent Lakra Counsel Respondent Yashvinder Malik Counsel Respondent

Parties (3)

State Respondent Karnail Singh Cheema Petitioner Sarabjeet Singh Petitioner

Case Significance

Karnail Singh Cheema vs State & Anr. is a Delhi High Court decision dated December 9, 2024 (citation: ik-109488539). Two petitioners challenged an order under Section 319 CrPC summoning them as accused in a murder case arising from a 1990 incident, where they had been previously discharged in 1993. The Court held that once the petitioners had been discharged, the procedure under Section 319 CrPC could not be used to circumvent Section 398 CrPC, which requires fresh inquiry before re-summoning discharged persons, and no new material had been brought on record beyond the affidavit that had already been addres The case was heard by Justice Amit Mahajan.

Summary

Two petitioners challenged an order under Section 319 CrPC summoning them as accused in a murder case arising from a 1990 incident, where they had been previously discharged in 1993. The Court held that once the petitioners had been discharged, the procedure under Section 319 CrPC could not be used to circumvent Section 398 CrPC, which requires fresh inquiry before re-summoning discharged persons, and no new material had been brought on record beyond the affidavit that had already been addressed in civil proceedings. The petitions were allowed and the summoning order was set aside.

What was the outcome of Karnail Singh Cheema vs State & Anr.?

Two petitioners challenged an order under Section 319 CrPC summoning them as accused in a murder case arising from a 1990 incident, where they had been previously discharged in 1993. The Court held th...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-109488539)