| Case Title | Devendra Kumar Pal vs. State of U.P. and Another |
| Introduction | The case concerns an appeal by Devendra Kumar Pal against the High Court’s dismissal of his challenge to an order summoning him for trial under Section 319 of the CrPC after the other accused were convicted or acquitted. |
| Factual Background | The appellant was summoned for trial under Section 319 of CrPC after the conviction and acquittal of other accused in a murder trial under Section 302 of IPC. The trial judge first passed the conviction and acquittal orders and then summoned the appellant. The appellant challenged this but was dismissed by the High Court. |
| Legal Issues | Whether the trial court can summon an additional accused under Section 319 of CrPC after convicting or acquitting the co-accused. |
| Applicable Law |
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| Analysis | The court referred to the Sukhpal Singh Khaira case, which held that summoning under Section 319 of CrPC must be done before the order of conviction or acquittal. In this case, the summoning order was passed after conviction and sentencing, making it unsustainable. |
| Conclusion | The Supreme Court quashed the High Court’s judgment and the trial court’s summoning order, stating that the summoning under Section 319 CrPC after conviction was unsustainable. |
| Current Scenario | The appeal was allowed, and the summoning order was set aside, freeing the appellant from further trial under Section 319 CrPC. |
CASE SUMMARY – This case is about an appeal by Devendra Kumar Pal, challenging his summoning for trial under Section 319 of the CrPC after other co-accused were convicted or acquitted in a murder case. The trial court had summoned him after convicting and sentencing others, a decision upheld by the High Court. However, the Supreme Court referred to the Sukhpal Singh Khaira judgment, which clarified that summoning additional accused must be done before the order of conviction or acquittal. Consequently, the court quashed the summoning order, allowing the appeal.
“Justice delayed is justice denied, but justice tempered with mercy elevates society.”
SOURCE – SUPREME COURT OF INDIA
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