Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1898 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Criminal Law - Proceeding under s. 202 Criminal Procedure Code - Revision petition by respondent No.1 and the other persons - Whether respondent No.1 has locus standi to contest criminal case before issue of process - Procedural defect - Powers of Magistrate in committal proceedings and in considering evidence - Recording of reasons - Code of Criminal Procedure, 1898 (Act 5 of 1898), ss. 202, 203. A first information report was filed stating that the respondent No. I and some others committed murder. Thereafter a person claiming be a relative of the deceased filed a complaint alleging that the first information report was false and that certain persons other than those stated in the first information report had committed the murder. It was prayed that process be issued against these persons. The Sub-Divisional magistrate before whom this complaint was filed directed the First Class Magistrate to inquire into the allegation and to make a report. Subsequently the nephew of the deceased filed a complaint alleging that respondent No. 1 had committed the murder. The Sub-Divisional Magistrate directed the First Class Magistrate to enquire into this complaint also and to report. During the enquiry apart from the witness produced by the complainant, respondent No. 1 was allowed to be represented by a counsel and two persons who had been named in the first information report along with respondent No. 1 were examined as court witnesses. The First Class Magistrate after conducting inquiry under s. 203 Criminal Procedure Code, 1898, made a report stating that a prima facie case had been made out against the persons mentioned in the first complaint. He made another report on the second complaint stating that no prima facie case had been made against respondent No. I. Sub-Divisional Magistrate directed the initiation of committal proceedings against the persons mentioned in the first complaint. On a revision application filed by the complainant in the second complaint the Sessions Judge directed the Sub-Divisional Magistrate to conduct further inquiry against respondent No. I who took the matter in revision to the High Court. The three persons against whom commital proceedings were ordered also filed revision application before the High Court. Both the petitions were heard together. The revision applications by respondent No. I and one of the three others were allowed. The present appeal is under a certificate granted under Art. Ill(I) (c) of the Constitution of India. The main contentions of the appellant before this Court were (1) the respondent No. I had no locus standi to appear and contest a criminal case before the issue of process (2) the test applied by the High Court for determining the question of issue of process was erroneous (3) the Magistrate making an inquiry under s. 202 Criminal Procedure Code had no jurisdiction to weigh the evidence as if it were a trial (4) the Sub-Divisional Magistrate ought to have given his reasons under s. 203 Criminal Procedure Code for dismissing the complaint. |
Judge | Hon'ble Mr. Justice J.R. Mudholkar |
Neutral Citation | 1963 INSC 9 |
Petitioner | Chandra Deo Singh |
Respondent | Prokash Chandra Bose & Anr. |
SCR | [1964] 1 S.C.R. 639 |
Judgement Date | 1963-01-22 |
Case Number | 155 |
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