RAJINDER PRASAD versus BASHIR AND ORS.

RAJINDER PRASAD versus BASHIR AND ORS.

A second application under Section 482 CrPC for the same relief is not maintainable after dismissal of the revision petition under Section 397 CrPC as not pressed; Magistrate has authority under Section 190 CrPC to take cognizance and implead accused not named in the chargesheet without recourse to Section 203, which applies only to complaint cases.

Parties
Appellant: Rajinder Prasad; Respondents: Bashir and Ors.
Jurisdiction
India
Judgment Date
19 September 2001
Procedural Posture
Criminal Appeal / Appeal From Rajasthan High Court's Decision (s.b. Crl. M.p. No. 219 of 2000)
Outcome
Appeal allowed
Legal Topics
Code of Criminal Procedure, Cognizance, Chargesheet, Addition of Accused, Revision, Inherent Powers
Criminal Law Code of Criminal Procedure Cognizance Chargesheet Addition of Accused Revision Inherent Powers

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Parties

Rajinder Prasad

Appellant

Bashir and Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal From Rajasthan High Court's Decision (s.b. Crl. M.p. No. 219 of 2000)

Legal Issues

  1. 1 Whether a second application under Section 482 CrPC is maintainable after dismissal of a revision under Section 397 CrPC
  2. 2 Whether the Magistrate must follow Section 203 CrPC procedure before adding offences or accused persons upon a police chargesheet
  3. 3 Jurisdiction of Magistrate under Section 190 CrPC to take cognizance against persons not arrested by police

Ratio Decidendi

A second application under Section 482 CrPC for the same relief is not maintainable after dismissal of the revision petition under Section 397 CrPC as not pressed; Magistrate has authority under Section 190 CrPC to take cognizance and implead accused not named in the chargesheet without recourse to Section 203, which applies only to complaint cases.

Court Disposition

Appeal allowed

Orders

  • Order of Rajasthan High Court dated 7.12.2000 set aside
  • Order of Additional Sessions Judge upheld