MADAN RAZAK versus STATE OF BIHAR AND OTHERS

MADAN RAZAK versus STATE OF BIHAR AND OTHERS

Statements of witnesses recorded under Section 161 Cr.P.C. disclose a prima facie case for offences under the Indian Penal Code; order passed by the High Court quashing the summoning order was not justified as reason for delayed recording of statements was explained and truth/falsity must be evaluated at trial.

Parties
Appellant: Madan Razak; Respondents: State of Bihar and Others
Jurisdiction
India
Judgment Date
01 December 2015
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Quashing Summoning Order
Outcome
Appeal allowed; High Court order set aside
Legal Topics
Quashing of Proceedings, Section 482 Cr.p.c., Summoning Order, Kidnapping, Rape, Murder
Criminal Law Quashing of Proceedings Section 482 Cr.p.c. Summoning Order Kidnapping Rape Murder

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Parties

Madan Razak

Appellant

State of Bihar and Others

Respondents

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Quashing Summoning Order

Legal Issues

  1. 1 Whether statements of witnesses recorded under Section 161 Cr.P.C. disclose prima facie case for offences under Indian Penal Code
  2. 2 Whether High Court was justified in quashing the summoning order under Section 482 Cr.P.C. based on delay and doubtfulness of witness statements

Ratio Decidendi

Statements of witnesses recorded under Section 161 Cr.P.C. disclose a prima facie case for offences under the Indian Penal Code; order passed by the High Court quashing the summoning order was not justified as reason for delayed recording of statements was explained and truth/falsity must be evaluated at trial.

Court Disposition

Appeal allowed; High Court order set aside

Orders

  • Impugned High Court order quashing summoning order set aside
  • Accused directed to appear before Additional Chief Judicial Magistrate, Rosera, in furtherance of the summoning order dated 6.4.2011 on 21.01.2016