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.