Supreme Court of India
Dr. S.S. Khanna v. Chief Secretary, Patna & Others
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What the Court ordered
We are of the view that the magistrate had good G reason to summon the appellant under section 319 of the Code as it appears from the evidence led at the trial that there was a strong case made out against the appellant for joining him in the criminal case as an accused.
Judgment, page 9
From the headnote
to express any final opinion on that qustion since, in the.instant case, it is seen that the magistrate decided to take action under section 319 of the Code on the basis of fresh evidence which was brought on record-in the course of proceed- ings that took place after the inquiry contemplated under Section 202 of the Code was over and }n the course of the trial against Banktesh Prasad. (730 - , 731 -BJ 1: 2 Even wt.en an order of the magistrate declining to hsue process under Section 202 is confirmed by a higher court, the jurisdiction of the : magi.strtlte under Section 319 remaios
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