Whether Accused who is discharged can be summoned fresh after requirement of S300 and S.398 of crpc is complied?

A person not named in the FIR or a person though named in the
FIR but has not been chargesheeted or a person who has been
discharged can be summoned under Section 319 Cr.P.C. provided
from the evidence it appears that such person can be tried along with
the accused already facing trial. However, in so far as an accused who
has been discharged is concerned the requirement of Sections 300 and

398 Cr.P.C. has to be complied with before he can be summoned
afresh.

IN THE SUPREME COURT OF INDIA

Criminal Appeal Nos. 1750, 1751 of 2008, Special Leave Petition (Crl.) Nos. 9184 of 2008, 5724, 5975, 5331, 9157 of 2009, 7209, 9040 of 2010 and 4503-4504 of 2012

Decided On: 10.01.2014

Appellants: Hardeep Singh etc. etc.
Vs.
Respondent: State of Punjab and Ors. etc. etc.

Hon'ble Judges/Coram:P. Sathasivam, C.J.I., Balbir Singh Chauhan, Ranjana Prakash Desai, Ranjan Gogoi and Sharad Arvind Bobde, JJ.1

Read full judgment here;

https://drive.google.com/file/d/0B5vWGtQ14k1BQnlMMEZoQ3lHSWs/edit?usp=sharing

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