Dhrup Singh & Ors vs The State Of Bihar

The Supreme Court upheld the decision of the Chief Judicial Magistrate to issue summons to the petitioners named in the FIR but not in the charge-sheet, under Section 302/34 IPC and Section 27 of the Arms Act. The Court clarified that under Section 319 of the Code of Criminal Procedure, a Magistrate can take cognizance of accused not charge-sheeted if sufficient evidence is presented during the trial. The Court dismissed the special leave petition, agreeing with the Magistrate's conclusion that there were adequate materials to initiate prosecution against the petitioners.