NISAR AND ANR versus STATE OF U.P

NISAR AND ANR versus STATE OF U.P

The Court of Session can summon persons under Section 193 CrPC upon committal of the case, based on material available, even if they were not committed by the Magistrate. Section 319(1) CrPC cannot be invoked before evidence is led during inquiry or trial.

Parties
Appellants: Nisar and Anr; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
09 November 1994
Procedural Posture
Criminal Appeal / Appeal From Judgment and Order of Allahabad High Court in Revision
Outcome
Appeal dismissed
Legal Topics
Cognizance by Sessions Court, Summoning of Accused, Power Under Section 193 Cr PC, Power Under Section 319 Cr PC
Criminal Law Criminal Procedure Cognizance by Sessions Court Summoning of Accused Power Under Section 193 Cr PC Power Under Section 319 Cr PC

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Parties

Nisar and Anr

Appellants

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Appeal From Judgment and Order of Allahabad High Court in Revision

Legal Issues

  1. 1 Whether Court of Session could summon persons not committed by Magistrate under Section 193 CrPC.
  2. 2 Applicability of Section 319(1) CrPC for summoning accused when evidence has not yet been led.

Ratio Decidendi

The Court of Session can summon persons under Section 193 CrPC upon committal of the case, based on material available, even if they were not committed by the Magistrate. Section 319(1) CrPC cannot be invoked before evidence is led during inquiry or trial.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; order of High Court and Sessions Judge upheld.