UMA SHANKAR SINGH versus STATE OF BIHAR AND ANR.

UMA SHANKAR SINGH versus STATE OF BIHAR AND ANR.

Even if the investigating authority concludes in the final report that no case is made out against an accused, the Magistrate can independently apply his mind to the police report under Section 190(1)(b) Cr.P.C. and take cognizance of the offence, without the necessity of any further inquiry or awaiting the stage under Section 319 Cr.P.C. In this case, the Magistrate’s action in taking cognizance was lawful, and subsequently, since charges had been framed, the proceedings in the SLP had become infructuous.

Parties
Petitioner: Uma Shankar Singh; Respondent: State of Bihar; Respondent: Anr.
Jurisdiction
India
Judgment Date
09 September 2010
Procedural Posture
Special Leave Petition (criminal) / Order/judgment on SLP
Outcome
Special Leave Petition dismissed as infructuous.
Legal Topics
Cognizance by Magistrate, Discharge Under Section 227 Cr.p.c., Role of Magistrate After Final Report, Section 190(1)(b) Cr.p.c., Framing of Charges
Criminal Law Cognizance by Magistrate Discharge Under Section 227 Cr.p.c. Role of Magistrate After Final Report Section 190(1)(b) Cr.p.c. Framing of Charges

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Parties

Uma Shankar Singh

Petitioner

State of Bihar

Respondent

Anr.

Respondent

Procedural Posture

Special Leave Petition (criminal) / Order/judgment on SLP

Legal Issues

  1. 1 Whether a Magistrate can take cognizance under Section 190(1)(b) Cr.P.C. despite a final report exonerating the accused
  2. 2 Whether the Magistrate has to await stage of Section 319 Cr.P.C. or can proceed independently on the police report
  3. 3 Whether the present SLP is infructuous due to framing of charges

Ratio Decidendi

Even if the investigating authority concludes in the final report that no case is made out against an accused, the Magistrate can independently apply his mind to the police report under Section 190(1)(b) Cr.P.C. and take cognizance of the offence, without the necessity of any further inquiry or awaiting the stage under Section 319 Cr.P.C. In this case, the Magistrate’s action in taking cognizance was lawful, and subsequently, since charges had been framed, the proceedings in the SLP had become infructuous.

Court Disposition

Special Leave Petition dismissed as infructuous.

Orders

  • Special Leave Petition is dismissed.