Supreme Court · 2012 INSC 164 · Decided 4 April 2012
Bhushan Kumar & ANR. v. State (Nct of Delhi) & ANR.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 164 · [2012] 2 S.C.R. 696
- Case number
- CRIMINAL APPEAL No. 612/2012
- Decided
- 4 April 2012
- Bench
- P. SATHASIVAM, JASTI CHELAMESWAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 420, 174; CrPC Section 190
Headnote
Code of Criminal Procedure, 1973: c ss. 190, 204 - Cognizance of offence and summoning order - Distinction between - Held: Cognizance is taken of cases and not of persons - It is the condition precedent to the initiation of proceedings by the Magistrate or the Judge - A summon is a process issued 0 person to appear before a Magistrate - It is used for the purpose of notifying an individual of his legal obligation to appear before the Magistrate as a response to violation of law - s.204 states that if in the opinion of a Magistrate taking cognizance of an offence, there is sufficient ground
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