Supreme Court · 2010 INSC 591 · Decided 9 September 2010
Uma Shankar Singh v. State of Bihar and ANR.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 591 · [2010] 10 S.C.R. 1132
- Case number
- SPECIAL LEAVE PETITION (CRIMINAL) No. 5123/2009
- Decided
- 9 September 2010
- Bench
- ALTAMAS KABIR, A.K. PATNAIK (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 291134, 27; CrPC Section 19, 227, 190(1)(b); Arms Act Section 27
Headnote
Code of Criminal Procedure, 1973: s. 19'0(1 )(b) - Cognizance of offence by magistrate - Held: Magistrate can c apply his mind independently and take cognizance of offence in exercise of his powers u/s.190(1)(b) even if the report of investigating agency in final form exonerates the accused - ss.302, 291134 -Arms Act, 1959 - s.27. During election process, an offence took place and D an FIR came to be lodged under Sections 302, 291/34 IPC and Section 27 of the Arms Act. The matter created a lot of turmoil which resulted in transfer of the investigation to the C.l.D. The informant
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