Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Section 319 CrPC Power of Magistrate 1973 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Remitted Back |
Headnote | Code of Criminal Procedure, 1973: ss. 190, 204 and 209 ~Power of Magistrate - To issue summons to those not named as accused in Police Report - Held: The Magistrate has power to disagree with the Police 0 Report u/s. 173(3) and proceed against the accused persons de hors- the police Report - Thus, the Magistrate can summon the persons named in Column 2 of the Police Report, and on being satisfied that case is made out against them, can try the case himself or commit the same to E Sessions Court as the case may be. s. 193 and 319 - Power of Sessions Court - To· take cognizance of offence of persons not named as accused in Charge-sheet - Held: After committal of case, Sessions Court has jurisdiction to take cognizance as a Court of original F jurisdiction, of the offences of the persons who have not been named as offenders, but whose complicity in the case is evident from the materials available on record - Hence, can summon the persons shown in Column 2 of Police Report - Before proceeding against such persons, Sessions Court G does not need to wait till the stage u/s. 319 is reached. |
Judge | Honble Mr. Justice Altamas Kabir |
Neutral Citation | 2013 INSC 479 |
Petitioner | Dharam Pal & Ors. |
Respondent | State Of Haryana & Anr. |
SCR | [2013] 13 S.C.R. 1052 |
Judgement Date | 2013-07-18 |
Case Number | 148 |
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