In Brief
The Supreme Court addressed whether a trial court must decide an application to summon additional accused persons (under Section 319 CrPC) before examining cross-examination of prosecution witnesses. An FIR was lodged alleging kidnapping and related offences. During trial, prosecution witnesses gave examination-in-chief but repeatedly refused to submit to cross-examination unless the Section 319 application was first decided. The trial court acquitted the accused under Section 232 CrPC, finding no evidence. The High Court reversed this. The Supreme Court restored the acquittal, holding that trial courts have discretion to defer Section 319 decisions and may acquit when witnesses persistently obstruct trial proceedings by refusing cross-examination.
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