RAGHUBANS DUBEY vs STATE OF BIHAR

The Supreme Court held that under Section 190(1)(b) of the Code of Criminal Procedure, a Magistrate can take cognizance of an offence based on a police report, and that the discharge of an accused is not applicable when the accused is not included in the charge-sheet. The Court ruled that the appellant could be proceeded against under Section 207-A Cr.P.C. as the cognizance was taken of the offence and not of the offenders, thus allowing the inclusion of additional accused if warranted. The appeal was dismissed, affirming the lower courts' decisions.