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april 2012

Supreme Court of India · 2012-04-04

BHUSHAN KUMAR vs STATE(NCT OF DELHI)

Citation / case number
SC 2010/35600
Court
Supreme Court of India
Petitioner
BHUSHAN KUMAR
Respondent
STATE(NCT OF DELHI)
Author
CHELAMESWAR P. SATHASIVAM
Bench
J. CHELAMESWAR P. SATHASIVAM

Judgment text excerpt

The Supreme Court addressed the issue of whether the act of taking cognizance of an offence by a Magistrate equates to summoning an accused, as per Sections 190 and 204 of the Code of Criminal Procedure, 1973. The Court held that summoning an accused requires the Magistrate to assign reasons for such action, emphasizing the necessity of due process in criminal proceedings. The appeals were dismissed, affirming the High Court's decision to reject the quashing of the summoning order under Section 420 IPC.

BHUSHAN KUMAR vs STATE(NCT OF DELHI) · Niyam