Supreme Court of India

Sukhpal Singh Khaira v. The State of Punjab

Neutral citation

Reported as [2022] 10 S.C.R. 156

Bench S. Abdul Nazeer, B.R. Gavai, A.S. Bopanna, V. Ramasubramanian and B.V Nagarathna JJ.

Decided 5 December 2022

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

Before parting, we place on record our appreciation for the assistance rendered by all the learned Senior Counsel/Counsel including Shri S. Nagamuthu, learned Senior Counsel who assisted the Court a s an Amicus Curiae.

Judgment, page 34

From the headnote

Code of Criminal Procedure, 1973 : s. 319 – Power to summon additional accused under – When the trial with respect to other co- accused has ended and the judgment of conviction rendered on t he same date before pronouncing the summoning order – Held: Pow er u/s. 319 has to be exercised before the pronouncement of the order of sentence where there is a judgment of conviction of the accused – In the case of acquittal, the power should be exercised bef ore the order of acquittal is pronounced – In case of conviction, sum moning order u/s. 319 has to precede the conclusion of trial by im position

Authorities it was built on

2014 Hardeep Singh v. State of Punjab & Ors. cited by 46
2013 Yakub Abdul Razak Memon v. The State of Maharashtra, through Cbi, Bombay cited by 12
1995 Ramanarang v. Ramesh Narang and Ors. cited by 8
2007 Rajendra Singh v. State of U.P. and Anr. cited by 5
2002 Shashikant Singh v. Tarkeshwar Singh and Ors. cited by 4

Where later benches applied it

2025 Yadwinder Singh v. Lakhi Alias Lakhwinder Singh & Anr. Etc. relied on
2025 Jamin & Anr. v. State of Uttar Pradesh & Anr. followed
2023 Amod Kumar Kanth v. Association of Victim of Uphaar Tragedy and Anr. mentioned
2023 Juhru & Ors v. Karim & Anr. mentioned

Of those, 1 relied on · 1 followed · 2 mentioned

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