Sarabjeet Singh vs State & Anr.

ik-28497631 Delhi High Court 9 December 2024 • 25 min read

Judges (1)

Counsel (12)

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

Sarabjeet Singh vs State & Anr. is a Delhi High Court decision dated December 9, 2024 (citation: ik-28497631). Two petitioners challenged an order under Section 319 CrPC summoning them as accused persons in a decades-old murder case, where they had previously been discharged in 1993. The Court held that once the petitioners had been discharged, the procedure under Section 319 could not circumvent Section 398 CrPC, and summoning required an inquiry under Section 300(5) which was not conducted. The petitions were allowed and the impugned summoning order was set aside as it amounted to a review of the di The case was heard by Justice Amit Mahajan.

Summary

Two petitioners challenged an order under Section 319 CrPC summoning them as accused persons in a decades-old murder case, where they had previously been discharged in 1993. The Court held that once the petitioners had been discharged, the procedure under Section 319 could not circumvent Section 398 CrPC, and summoning required an inquiry under Section 300(5) which was not conducted. The petitions were allowed and the impugned summoning order was set aside as it amounted to a review of the discharge order without new material.

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

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-28497631)