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april 2013

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.

DHRUP SINGH & ORS. vs THE STATE OF BIHAR · Niyam