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october 2008

Supreme Court of India · 2008-10-21

MUKHTIAR SINGH vs STATE OF U.P. & ANR. ETC.

Citation / case number
SC 2004/13051
Court
Supreme Court of India
Petitioner
MUKHTIAR SINGH
Respondent
STATE OF U.P. & ANR. ETC.
Author
B.N. AGRAWAL,G.S. SINGHVI,AFTAB ALAM, ,
Bench
B.N. AGRAWAL,G.S. SINGHVI,AFTAB ALAM, ,

Judgment text excerpt

The Supreme Court held that the High Court erred in quashing the charge-sheet filed by the CB-CID under Sections 363, 366, and 376 IPC, and in deeming the victim's statement recorded under Section 164 CrPC as non-est. The Court emphasized that the learned Magistrate should have prioritized the recording of the victim's statement despite the charge-sheet submission, as it was crucial for the integrity of the investigation. The Court set aside the High Court's orders and reinstated the charge-sheet, affirming the necessity of following due process under the Code of Criminal Procedure, 1973.

MUKHTIAR SINGH vs STATE OF U.P. & ANR. ETC. · Niyam