Supreme Court · 2001 INSC 452 · Decided 19 September 2001
Rajinder Prasad v. Bashir and ORS.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 452 · [2001] SUPP. 3 S.C.R. 156
- Case number
- CRIMINAL APPEAL No. 964/2001
- Decided
- 19 September 2001
- Bench
- M.B. SHAH, R.P. SETHI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 395, 147, 148, 323, 324, 149, 427; CrPC Section 397, 482, 203, 203(2), 190
Headnote
PRASAD v. BASHIR AND ORS. SEPTEMBER 19, 2001 [M.B. SHAH AND R.P. SETHI,.JJ.] CriTiiittal Procedure Code, 1973: Section 203-Chargesheet by Police-Addition of offence uls .. 395 /PC · and impleadment of 4 accused therein, by the Magistrate-Set aside by High Court on the ground that u/s 397-Subsequent D application.u/s 482 .for the same relief-Held. not maintainabie. E F Section 190-Jurisdiction under-Scope of-Held, Magistrate has jurisdiction to take cognizance of offences even.against persons who have not been arrested by the police as accused if they were prima .facie
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