Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 - s. 482- Power of High Court under~ Case of kidnapping rape and murder of a girl aged 13114 years - Father filing complaint before Additional Chief Judicial Magistrate - Investigation conducted - Recording of statement of witnesses u/s. 161 Cr.P. C. - Summoning order against four accused- Challenge to - High Court quashed the summoning order on the ground that the statement of the witnesses recorded by the police were doubtful since they had been tendered about a |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 — s. 482 — Power of High Court under — Case of kidnapping, rape and murder of a girl aged 13/14 years — Father filing complaint before Additional Chief Judicial Magistrate — Investigation conducted — Recording of statement of witnesses u/s. 161 Cr.P.C. —- Summoning order against four accused — Challenge to — High Court quashed the summoning order on the ground that the statement of the witnesses recorded by the police were doubtful since they had been tendered about a month after the incident —On appeal, held: Statements of witnesses recorded, disclose a prima facie case, leading to an offence triable under the provisions of the Penal Code, as such cannot be overlooked — Reason for the delayed recording of statements disclosed in the daily diary report — Evaluation of the truth or falsity thereof, would be possible only after evidence is recorded, in the matter — At the present juncture to quash the proceedings initiated against the accused by quashing the summoning order in exercise of the power vested in the High Court u/s. 482 not made out — Order passed by the High Court set aside — Accused to appear before the Judicial Magistrate, in furtherance of the summoning order. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2015 INSC 880 |
Petitioner | Madan Razak |
Respondent | State Of Bihar And Others |
SCR | [2015] 14 S.C.R. 211 |
Judgement Date | 2015-12-01 |
Case Number | 1612 |
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