Supreme Court · 2010 INSC 355 · Decided 6 July 2010

Shivjee Singh v. Nagendra Tiwary and ORS.

Court
Supreme Court of India
Citation
2010 INSC 355 · [2010] 7 S.C.R. 667
Case number
CRIMINAL APPEAL No. 1158/2010
Decided
6 July 2010
Bench
G.S. SINGHVI, A.K. GANGULY (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 27; CrPC Section 202(2), 482, 202(Z); Arms Act Section 27

Headnote

Code of Criminal Procedure, 1973 - s.202(2), proviso­ Interpretation of - Whether examination of all witnesses cited A B in the complaint is sine qua non for taking cognizance by a C Magistrate in a case exclusively triable by the Court of Sessions - Held, No - Even though in terms of the to direct the. complainant to produce all his witnesses and examine them on oath, failure or inability of the complainant or omission on D his part to examine one or some of the witnesses cited in the complaint or whose names are furnished in compliance of the direction issued by the

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