Supreme Court · 2022 INSC 314 · Decided 16 March 2022
Nahar Singh v. The State of Uttar Pradesh & ANR.
- Court
- Supreme Court of India
- Citation
- 2022 INSC 314 · [2022] 2 S.C.R. 795
- Case number
- CRIMINAL APPEAL No. 443/2022
- Decided
- 16 March 2022
- Bench
- VINEET SARAN, ANIRUDDHA BOSE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 363, 366, 376; CrPC Section 164, 190(1)(b), 209, 319
Headnote
Code of Criminal Procedure, 1973: ss.164, 190(1)(b), 209, 319 - Power of Magistrate taking cognizance of an offence on the basis of a police report in terms of s.190 (1)(b) CrPC to issue summons to any person not arraigned as an accused in the police report and whose name also not featuring such report - Held: If there are materials before the Magistrate showing complicity of persons other than those arraigned as accused or named in column 2 of the police report in commission of an offence, the Magistrate at that stage can summon such persons as well, upon taking cognizance of
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