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january 2007

Supreme Court of India · 2007-01-31

HARISHCHANDRA PRASAD MANI vs STATE OF JHARKHAND

Citation / case number
SC 2006/20391
Court
Supreme Court of India
Petitioner
HARISHCHANDRA PRASAD MANI
Respondent
STATE OF JHARKHAND
Author
MARKANDEY KATJU
Bench
MARKANDEY KATJU S. B. SINHA

Judgment text excerpt

The Supreme Court held that for taking cognizance under Section 190(1)(a) of the Cr.P.C., there must be some material on record to justify the issuance of summons, and mere suspicion is insufficient. The Court found that the Jharkhand High Court erred in upholding the Magistrate's order to take cognizance against the appellants without any substantive evidence. Consequently, the appeal was allowed, and the order of the High Court was set aside, leading to the quashing of the proceedings against the appellants.

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