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september 2002

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.

Babu Ram Sharma vs State Of U.P. And Ors. · Niyam