Shivjee Singh V Nagendra Tiwary & Ors Air 2010 Sc 2261
Tilte and citation …………………………………………………………………………….3 Ratio decidendi ………………………………………………………………………………3
Facts of the case (in brief ) ……………………………………………………………………4 Issues:- allegations by one party …………………………………………………………….5 allegations denied by other party……………………………………………………5
Relevant Sections and Definitions………………………………………………………………5 Obiter dicta……………………………………………………………………………………...10
Decision of the court……………………………………………………………………………..10
Tilte and citation
In decision by Supreme court in Shivjee Singh v Nagendra Tiwary & Ors AIR 2010 SC 2261, the court has placed that the Proviso to Section 202(2) is not a condition precedent for taking cognisance and issue of process against the persons named as accused in the complain and non examination of all thereof will not vitiate the proceeding. In this case, the complaint is sine qua non for taking cognizance by a Magistrate in a case exclusively triable by the Court of Sessions is the question which arises for consideration in this appeal filed against order dated 18.4.2007 passed by the learned Single Judge of Patna High Court in Criminal Miscellaneous Petition No. 1778 of 2007 whereby he remitted the case to Chief Judicial Magistrate, Saran with the direction to make further inquiry and pass appropriate order in the light of proviso to Section 202(2) of the Code of Criminal Procedure (Cr.P.C.).
Ratio Decidendi:
Proviso to Section 202(2) is not a condition precedent for taking cognisance and issue of process against the persons named as accused in the complain and non examination of all thereof will not vitiate the proceedings.
Facts of the case (in brief )
The Shivjee Singh (appellant's) son, Ajay Kumar Singh is said to have been killed by respondent Nos. 1 to 4 on 1/2.1.1997. The appellant lodged First Information Report on the same day at Police Station, Isuapur. After conducting investigation, the police submitted final form on 3.9.1998 with the finding that they had no clue
Facts of the case (in brief ) ……………………………………………………………………4 Issues:- allegations by one party …………………………………………………………….5 allegations denied by other party……………………………………………………5
Relevant Sections and Definitions………………………………………………………………5 Obiter dicta……………………………………………………………………………………...10
Decision of the court……………………………………………………………………………..10
Tilte and citation
In decision by Supreme court in Shivjee Singh v Nagendra Tiwary & Ors AIR 2010 SC 2261, the court has placed that the Proviso to Section 202(2) is not a condition precedent for taking cognisance and issue of process against the persons named as accused in the complain and non examination of all thereof will not vitiate the proceeding. In this case, the complaint is sine qua non for taking cognizance by a Magistrate in a case exclusively triable by the Court of Sessions is the question which arises for consideration in this appeal filed against order dated 18.4.2007 passed by the learned Single Judge of Patna High Court in Criminal Miscellaneous Petition No. 1778 of 2007 whereby he remitted the case to Chief Judicial Magistrate, Saran with the direction to make further inquiry and pass appropriate order in the light of proviso to Section 202(2) of the Code of Criminal Procedure (Cr.P.C.).
Ratio Decidendi:
Proviso to Section 202(2) is not a condition precedent for taking cognisance and issue of process against the persons named as accused in the complain and non examination of all thereof will not vitiate the proceedings.
Facts of the case (in brief )
The Shivjee Singh (appellant's) son, Ajay Kumar Singh is said to have been killed by respondent Nos. 1 to 4 on 1/2.1.1997. The appellant lodged First Information Report on the same day at Police Station, Isuapur. After conducting investigation, the police submitted final form on 3.9.1998 with the finding that they had no clue