https://www.taxtmi.com/caselaws?id=431380 Section 319 CrPC permits summoning additional accused only while inquiry or trial remains pending and before the proceeding legally concludes. In a conviction case, the trial is complete only on imposition of sentence, so the power may be exercised after conviction but before sentence; in an acquittal case, it must be exercised before acquittal is pronounced, and an order passed after acquittal or after sentence is unsustainable. In a split-up trial, Section 319 may be invoked on evidence recorded in that pending proceeding, but not on evidence from a concluded main trial unless the power was exercised before that trial ended. The court should decide summoning first, then whether to direct a joint or separate trial. en-us Mon, 05 Dec 2022 00:00:00 +0530 Tue, 17 Dec 2024 17:48:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=431380 Section 319 CrPC permits summoning additional accused only while inquiry or trial remains pending and before the proceeding legally concludes. In a conviction case, the trial is complete only on imposition of sentence, so the power may be exercised after conviction but before sentence; in an acquittal case, it must be exercised before acquittal is pronounced, and an order passed after acquittal or after sentence is unsustainable. In a split-up trial, Section 319 may be invoked on evidence recorded in that pending proceeding, but not on evidence from a concluded main trial unless the power was exercised before that trial ended. The court should decide summoning first, then whether to direct a joint or separate trial. Case-Laws Indian Laws Mon, 05 Dec 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=431380