Supreme Court of India · 2002-09-02
Babu Ram Sharma vs State Of U.P. And Ors.
- Citation / case number
- AIRONLINE 2002 SC 638
- Court
- Supreme Court of India
- Petitioner
- Babu Ram Sharma
- Respondent
- State Of U.P. And Ors.
- Bench
- M.B. Shah, D.M. Dharmadhikari
Judgment text excerpt
The Supreme Court examined whether a Magistrate's order summoning the accused for an offence under Section 307 IPC was invalid because only a limited number of witnesses were examined during the inquiry under Section 202 of the CrPC. The High Court had previously set aside the summons, ruling that the limited examination was violative of statutory procedure. The case addresses the scope of judicial discretion and the sufficiency of evidence required during a pre-summoning inquiry to establish a prima facie case.