Supreme Court of India · 1951-06-01
TARA SINGH vs THE STATE.
- Citation / case number
- SC 1951/81
- Court
- Supreme Court of India
- Petitioner
- TARA SINGH
- Respondent
- THE STATE.
- Bench
- BOSE, VIVIAN
Judgment text excerpt
The Supreme Court ruled that a Magistrate can take cognizance of a case under Section 190(1)(b) of the Criminal Procedure Code if the initial police report complies with Section 173(1), and the submission of a second challan does not invalidate prior proceedings. It clarified that the right under Section 340(1) does not entitle an accused to state-provided legal representation, and emphasized the necessity of proper examination under Section 342, requiring separate questioning on material circumstances against the accused. The Court also noted that evidence from the Committal Court cannot be used substantively in the Sessions Court without confronting the witness with their prior statements, as per Section 288 of the Criminal Procedure Code.