RAGHUBANS DUBEY versus STATE OF BIHAR

RAGHUBANS DUBEY versus STATE OF BIHAR

There could be no discharge of the appellant when he was not included as an accused in the charge-sheet submitted by the police. The appellant could be proceeded against along with the other accused under s. 207-A Cr.P.C. The Magistrate, having taken cognizance of the offence, is required to find out who the real...

Source-derived case information.

Parties
Appellant: Raghubans Dubey; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
19 January 1967
Procedural Posture
Criminal Appeal / Appeal by Special Leave From the Judgment and Order of the Patna High Court Dated April 10, 1964 in Criminal Revision No. 896 of 1961
Outcome
Appeal dismissed.
Legal Topics
Cognizance by Magistrate, Discharge of Accused, Procedure for Inquiry, Trial of Additional Accused
Criminal Law Criminal Procedure Cognizance by Magistrate Discharge of Accused Procedure for Inquiry Trial of Additional Accused

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Parties

Raghubans Dubey

Appellant

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From the Judgment and Order of the Patna High Court Dated April 10, 1964 in Criminal Revision No. 896 of 1961

Legal Issues

  1. 1 Whether a Magistrate can proceed against an accused not included in the charge-sheet submitted by police
  2. 2 Whether discharge is possible when the accused is not included in the charge-sheet
  3. 3 Proper procedure to be followed for proceeding against the appellant under the Code of Criminal Procedure

Ratio Decidendi

There could be no discharge of the appellant when he was not included as an accused in the charge-sheet submitted by the police. The appellant could be proceeded against along with the other accused under s. 207-A Cr.P.C. The Magistrate, having taken cognizance of the offence, is required to find out who the real offenders are, and must proceed against other persons, even if not sent up by the police, when evidence so warrants.

Court Disposition

Appeal dismissed.

Orders

  • The appeal fails and is dismissed.