SHIVJEE SINGH versus NAGENDRA TIWARY AND ORS.

SHIVJEE SINGH versus NAGENDRA TIWARY AND ORS.

Examination of all witnesses cited in a complaint or disclosed by the complainant under the Magistrate's direction is not a sine qua non for cognizance by a Magistrate in a case exclusively triable by a Court of Sessions; Magistrate may take cognizance and issue process if satisfied that sufficient ground exists, and non-examination of some witnesses does not vitiate proceedings.

Parties
Appellant: Shivjee Singh; Respondents: Nagendra Tiwary and Ors.
Jurisdiction
India
Judgment Date
06 July 2010
Procedural Posture
Criminal Appeal / Appeal From Order of High Court Remitting Matter for Further Inquiry to Chief Judicial Magistrate
Outcome
Appeal allowed; impugned High Court order set aside
Legal Topics
Interpretation of Criminal Procedure Provisions, Magistrate's Cognizance and Process Issuance, Section 202(2) of Cr PC, Mandatory Vs Directory Provisions in Criminal Procedure
Criminal Law Criminal Procedure Interpretation of Criminal Procedure Provisions Magistrate's Cognizance and Process Issuance Section 202(2) of Cr PC Mandatory Vs Directory Provisions in Criminal Procedure

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Parties

Shivjee Singh

Appellant

Nagendra Tiwary and Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal From Order of High Court Remitting Matter for Further Inquiry to Chief Judicial Magistrate

Legal Issues

  1. 1 Whether examination of all witnesses cited in the complaint is sine qua non for taking cognizance by a Magistrate in a case exclusively triable by the Court of Sessions

Ratio Decidendi

Examination of all witnesses cited in a complaint or disclosed by the complainant under the Magistrate's direction is not a sine qua non for cognizance by a Magistrate in a case exclusively triable by a Court of Sessions; Magistrate may take cognizance and issue process if satisfied that sufficient ground exists, and non-examination of some witnesses does not vitiate proceedings.

Court Disposition

Appeal allowed; impugned High Court order set aside

Orders

  • Concerned Magistrate to pass appropriate order in terms of Section 209 of CrPC within one month from date of receipt/production of Supreme Court order.
  • After committal, Sessions Judge assigned to the case shall conduct and complete the trial within nine months.