Supreme Court of India · 2016-09-22
VIRENDER SINGH RAWAT vs RAKESH KUMAR GUPTA
- Citation / case number
- SC 2009/34395
- Court
- Supreme Court of India
- Petitioner
- VIRENDER SINGH RAWAT
- Respondent
- RAKESH KUMAR GUPTA
- Author
- Jagdish Singh Khehar
- Bench
- ARUN MISHRA JAGDISH SINGH KHEHAR
Judgment text excerpt
The Supreme Court overturned the High Court's order that set aside charges against Rakesh Kumar Gupta, emphasizing that the complainant, Virender Singh, had named Gupta in the FIR and ascribed him a role in the assault. The Court found that the High Court erred in concluding that Gupta was identified for the first time during a police visit, as the FIR indicated prior knowledge of Gupta's involvement. The Court reinstated the charges, holding that the identification and naming in the FIR were sufficient to proceed with the case under Section 154 of the Code of Criminal Procedure.