Supreme Court of India · 2013-04-08
DHRUP SINGH & ORS. vs THE STATE OF BIHAR
- Citation / case number
- SC 2012/60351
- Court
- Supreme Court of India
- Petitioner
- DHRUP SINGH & ORS.
- Respondent
- THE STATE OF BIHAR
- Author
- K. S. Radhakrishnan
- Bench
- DIPAK MISRA K.S. RADHAKRISHNAN
Judgment text excerpt
The Supreme Court dismissed the special leave petition challenging the Chief Judicial Magistrate's order to issue summons under Section 302/34 IPC and Section 27 of the Arms Act. The Court held that the Magistrate can invoke Section 319 of the Cr.P.C. to array persons as accused based on prima facie evidence from the FIR, even if they were not charge-sheeted. The Court found no merit in the petitioners' arguments and upheld the lower courts' decisions.