HARINARAYAN G. BAJAJ versus STATE OF MAHARASHTRA & ORS.

HARINARAYAN G. BAJAJ versus STATE OF MAHARASHTRA & ORS.

A newly added accused under section 319 Cr.P.C. is entitled to proceedings commencing afresh from the stage of inquiry under Section 244 Cr.P.C. with full right to cross-examine witnesses before framing charges; mere denial of such right violates the procedural guarantees of a fair trial.

Parties
Appellant: Harinayaran G. Bajaj; Respondents: State of Maharashtra & Ors.; Respondent: Creative Garments Ltd.
Jurisdiction
India
Judgment Date
06 January 2010
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal From High Court Order
Outcome
Appeal dismissed
Legal Topics
Section 319 Code of Criminal Procedure, Joinder of Accused, Rights of Cross Examination, Commencement of Proceedings Afresh
Criminal Law Section 319 Code of Criminal Procedure Joinder of Accused Rights of Cross Examination Commencement of Proceedings Afresh

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Parties

Harinayaran G. Bajaj

Appellant

State of Maharashtra & Ors.

Respondents

Creative Garments Ltd.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal From High Court Order

Legal Issues

  1. 1 Whether proceedings against a newly added accused under s.319(1) Cr.P.C. must commence afresh from the stage of s.244 with right to cross-examine witnesses before framing of charges

Ratio Decidendi

A newly added accused under section 319 Cr.P.C. is entitled to proceedings commencing afresh from the stage of inquiry under Section 244 Cr.P.C. with full right to cross-examine witnesses before framing charges; mere denial of such right violates the procedural guarantees of a fair trial.

Court Disposition

Appeal dismissed

Orders

  • High Court's judgment and Trial Court's order for de novo proceedings against the newly joined accused from stage of inquiry affirmed