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.