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september 2016

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.

VIRENDER SINGH RAWAT vs RAKESH KUMAR GUPTA · Niyam