Supreme Court · 2001 INSC 367 · Decided 14 August 2001
M/S. Swil LTD. v. State of Delhi and ANR.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 367 · [2001] SUPP. 1 S.C.R. 527
- Case number
- CRIMINAL APPEAL No. 820/2001
- Decided
- 14 August 2001
- Bench
- M.B. SHAH, S.N. PHUKAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 190, 319, 204, 173(2), 160
Headnote
B Code of Criminal Procedure, 1973 : Section 190-0./fence-Cognizance of-By Magistrate-Scope and ambit of-Summons issued against a person not mentioned or named as C accused in charge-sheet-Correctness of-Held : Under S.190 Magistrate takes cognizance of an offence and not the offender-At the stage named or not named in the charge-sheet-Hencl!, summons rightly issued Section 319-Persons not named as accused-Power to proceed against-Scope and ambit of-Held: At the stage of issuance of process S.319 has no application-That provision comes into operation in the course of inquiry into or trial
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