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.