Supreme Court of India · 2001-09-19
RAJINDER PRASAD vs BASHIR .
- Citation / case number
- SC 2001/3931
- Court
- Supreme Court of India
- Petitioner
- RAJINDER PRASAD
- Respondent
- BASHIR .
- Author
- R.P. SETHI M.B. SHAH
- Bench
- R.P. SETHI M.B. SHAH
Judgment text excerpt
The Supreme Court held that the High Court erred in quashing the order of the Additional Sessions Judge regarding the framing of charges under Sections 147, 148, 323, 324, 149, 427, and 395 IPC. The Court emphasized that the Magistrate must follow the procedure outlined in Section 203 of the Code of Criminal Procedure when adding accused persons. The case was remanded to the Magistrate for inquiry under Section 203(2) to determine if a case under Section 395 IPC was warranted, thereby upholding the procedural requirements for criminal proceedings.