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Supreme Court of India 2018-12-14 dismissed

Deepu @ Deepak vs State of Madhya Pradesh

Bench: 2 — Mohan M. Shantanagoudar

In Brief

The appellant was initially discharged by the trial court but later charged after the prosecution applied under Section 319 of the Criminal Procedure Code based on a supplementary charge-sheet containing material evidence, including identification parades and forensic reports. The High Court confirmed this order. The Supreme Court upheld the charging order, holding that where a discharge is passed without considering an existing supplementary charge-sheet containing ample material, the court can proceed against the discharged person under Section 319 during trial of co-accused. The appeal was dismissed as the court found sufficient prima facie material to frame charges for offences under the IPC and Arms Act.

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Criminal Procedure Discharge of Accused Section 319 CrPC Arms Act Murder and Dacoity

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