Supreme Court · 2007 INSC 79 · Decided 31 January 2007
Harishchandra Prasad Mani and ORS. v. State of Jharkhand and ANR.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 79 · [2007] 2 S.C.R. 26
- Case number
- CRIMINAL APPEAL No. 124/2007
- Decided
- 31 January 2007
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 482, 156(3)
Headnote
Code of Criminal Procedure, 1973: S.482-Cognizance of offence-No material indicating guilt of C accused-Cognizance taken merely on suspicion-Held, order taking cognizance of offence liable to be quashed. Prosecution case was that informant's son was murdered by the accused persons by hatching and cremated. After investigation, police submitted a final report. Thereafter CJM after recording statement of witnesses, passed order of taking cognizance of the offence. Against the aforesaid order taking cognizance by the Magistrate, a > petition was filed under Section 482 Cr.P.C
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