Supreme Court · 1996 INSC 600 · Decided 1 May 1996
Raj Kjshore Prasad v. State of Bihar
- Court
- Supreme Court of India
- Citation
- 1996 INSC 600 · [1996] SUPP. 2 S.C.R. 125
- Case number
- CRIMINAL APPEAL No. 583/1996
- Decided
- 1 May 1996
- Bench
- M.M. PUNCHHI, K.T. THOMAS (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 209, 319, 482, 2(g)
Headnote
Code of Criminal Procedure 1973, Ss. 209, 319:-:Whether magistrate undertaking commitment of a case triable by Sessions Court could associate another perso1t as accused in exercise of powers under s. 319-He/d, no; magistrate has no such power when committing a case for trial-Further held, addition 319. Code of Oiminal Procedure 1973, Ss. 2(g), 209-Committal Proceed­ ings before the magistrate-Held, is not an 'inquiry' within the meaning of s. 2 (g) as context requires proceedings to be Jonna/. · On CMS reported to the police that the appellant's brother AK had attacked and
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