Supreme Court of India · 2012-01-12
Jile Singh vs State Of U.P.& Anr
- Court
- Supreme Court of India
- Petitioner
- Jile Singh
- Respondent
- State Of U.P.& Anr
- Author
- R.M. Lodha
- Bench
- H.L. Gokhale, R.M. Lodha
Judgment text excerpt
The Supreme Court held that the issuance of summons by the Chief Judicial Magistrate on a private complaint after the committal of another accused was without jurisdiction, emphasizing that any addition of new accused must be done by the Sessions Court under Section 319 of the Code of Criminal Procedure, 1973. The Court clarified that the procedure followed by the Magistrate was not in accordance with the established legal framework, leading to the quashing of the summons issued to the appellant. Consequently, the appeal was allowed, and the order of the High Court was set aside.