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1 - 10 of 17 (0.94 seconds)Section 161 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 307 in The Indian Penal Code, 1860 [Entire Act]
The Code of Criminal Procedure, 1973
Section 504 in The Indian Penal Code, 1860 [Entire Act]
Section 506 in The Indian Penal Code, 1860 [Entire Act]
Section 202 in The Indian Penal Code, 1860 [Entire Act]
Dharam Pal & Ors vs State Of Haryana & Anr on 18 July, 2013
The same issue has been considered by the Constitution Bench of 5 Judges of Hon'ble Apex Court in the land mark case of Dharam Pal and others Vs. State of Haryana and another; 2014 (3) SCC 306. In this case the Apex Court framed 6 questions for consideration and question no. 3, which is reproduced below, involved the same issue :-
Section 202 in The Code of Criminal Procedure, 1973 [Entire Act]
Ahibaran Singh vs State Of Uttar Pradesh And Ors. on 23 May, 1968
The impugned order of the case in hand clearly shows that learned Magistrate has neither treated the protest petition as a complaint case nor has considered any extraneous material. The learned Magistrate has summoned the accused-revisionists only on the basis of evidence already available on case diary, collected by the I.O. during investigation viz. the statements of first informant and his injured brother recorded under Section 161 Cr.P.C., the recovery memo of blood stained clothes and cycle prepared by the police and the injury report of the victim. Relying on the aforesaid evidence and expressing its view that only due to the reason that some witnesses have not supported the prosecution case during their interrogation by I.O. under Section 161 Cr.P.C., the submission of Final Report by the I.O. does not appear to be justifiable, the learned Magistrate allowed the protest petition, quashed the Final Report and summoned the accused revisionists directly taking cognizance on such protest petition, further directing that the case to proceed as State case.