Supreme Court · 1967 INSC 13 · Decided 19 January 1967

Raghubans Dubey v. State of Bihar

Court
Supreme Court of India
Citation
1967 INSC 13 · [1967] 2 S.C.R. 423
Case number
CRIMINAL APPEAL No. 189/1964
Decided
19 January 1967
Bench
M. HIDAYATULLAH, S.M. SIKRI, C.A. VAIDYIALINGAM (3-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 302, 201, 149; CrPC Section 190(1)(b), 207(b)

Headnote

c D E ' G H Code of Criminal Procedure (Act 5 of 1898), ss. 190(1)(h) and 201-Magistrate taking cognizance of ofjenc.e on police report-Jurisdic­ tion to proceed against accused not sent up by police. Discharge of accused-Whether possible, when accused not included jn the charge-sheet. The accepted the appellant's plea of alibi and filed a charge sheet against the others for offences, under ss. 302, 201 and 149 I.P.C., before the Sub-Divisional Magistrate. The Magistrate recorded that the appellant was discharged and transferred the case for enquiry to another Magistrate, who.

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