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september 2001

Supreme Court of India · 2001-09-19

Rajinder Prasad vs Bashir & Ors

Citation / case number
AIR 2001 SUPREME COURT 3524
Court
Supreme Court of India
Petitioner
Rajinder Prasad
Respondent
Bashir & Ors
Bench
M.B. Shah, R.P. Sethi

Judgment text excerpt

The Supreme Court held that the High Court erred in quashing the order of the Additional Sessions Judge regarding charges under Sections 147, 148, 323, 324, 149, 427, and 395 IPC, emphasizing that the Magistrate must follow the procedure under Section 203 of the Code of Criminal Procedure for adding accused persons. The Court clarified that the High Court's direction to remand the case for inquiry was appropriate, ensuring that if a case under Section 395 IPC is established, necessary orders should be passed. The appeal was allowed, reinforcing the procedural requirements for cognizance of serious offences.

Rajinder Prasad vs Bashir & Ors · Niyam