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Monday, July 8, 2013

Power of Magistrate to issue summons to persons named in FIR but not in charge sheet

(2013) 4 SCC 275, Dhrup Singh v. State of Bihar, following (2010) 9 SCC 479

 

Even if the investigating authority is of the view that no case has been made out against an accused, the magistrate can apply his mind independently to the materials contained in the police report and take cognizance.

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