Supreme Court of India · 2012-01-12
JILE SINGH vs STATE OF U.P.
- Citation / case number
- SC 2011/10395
- Court
- Supreme Court of India
- Petitioner
- JILE SINGH
- Respondent
- STATE OF U.P.
- Author
- H.L. GOKHALE 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 under Section 202 of the Code of Criminal Procedure was without jurisdiction, as the addition of a new accused in a case pending before the Sessions Court can only be done by that court under Section 319. The Court reaffirmed the legal principles established in Ranjit Singh v. State of Punjab and Kishori Singh v. State of Bihar, emphasizing that a complainant can file a complaint under Section 200 if the police do not name certain individuals in their charge-sheet. The appeal was allowed, setting aside the High Court's dismissal of the revision application.