In Brief
An appellant was initially discharged by a trial court but that discharge was recalled during the trial of co-accused when fresh evidence emerged. The Supreme Court dismissed his appeal challenging the recall order. The Court held that while trial courts cannot review discharge orders under the CrPC, they may proceed against a discharged person under Section 319 CrPC when sufficient material emerges during trial, provided judicial discretion is properly exercised and the procedure established by precedent is followed. The Court found the supplementary charge-sheet, witness identification, forensic reports, and depositions provided ample material to proceed against the appellant.
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