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january 1963

Supreme Court of India · 1963-01-22

CHANDRA DEO SINGH vs PROKASH CHANDRA BOSE & ANR.

Citation / case number
SC 1960/225
Court
Supreme Court of India
Petitioner
CHANDRA DEO SINGH
Respondent
PROKASH CHANDRA BOSE & ANR.
Bench
MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court held that under Section 202 and Section 203 of the Criminal Procedure Code, 1898, an accused does not have locus standi to contest a criminal case before the issuance of process. The Court clarified that the Magistrate's role in the inquiry is limited and does not extend to weighing evidence as if conducting a trial. The appeal was allowed, affirming that the Sub-Divisional Magistrate acted without jurisdiction by allowing the accused to participate in the proceedings before process issuance.

CHANDRA DEO SINGH vs PROKASH CHANDRA BOSE & ANR. · Niyam