KALLU NAT ALIAS MAYANK KUMAR NAGAR versus STATE OF U.P. AND ANR.

KALLU NAT ALIAS MAYANK KUMAR NAGAR versus STATE OF U.P. AND ANR.

Where a Magistrate has committed a case to the Court of Session under Section 209 CrPC, the Sessions Court, in exercise of powers under Section 193 CrPC, may take cognizance of the offence as committed and is empowered to summon additional persons to stand trial if, from the materials before it (including statements and documents in the police final report under Section 173 CrPC), their complicity is prima facie evident; committal is of the case (the offence) not of individual accused, and Section 319 is not the exclusive route to add accused once cognizance of the offence is assumed on committal.

Parties
Petitioner: Kallu Nat Alias Mayank Kumar Nagar; Respondent: State of U.P. and Anr.
Jurisdiction
India
Judgment Date
05 August 2025
Procedural Posture
Special Leave Petition (criminal) / Judgment on Special Leave Petition (criminal) Before the Supreme Court of India
Outcome
Special Leave Petition dismissed
Legal Topics
Section 193 Cr PC, Section 209 Cr PC, Section 319 Cr PC, Section 190 Cr PC, Section 202 Cr PC, Sections 207 208 Cr PC, Committal of Case, Cognizance of Offence, Summoning Additional Accused, Framing of Charges, Discharge
Code of Criminal Procedure, 1973 Criminal Law Section 193 Cr PC Section 209 Cr PC Section 319 Cr PC Section 190 Cr PC Section 202 Cr PC Sections 207 208 Cr PC +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 22 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Kallu Nat Alias Mayank Kumar Nagar

Petitioner

State of U.P. and Anr.

Respondent

Procedural Posture

Special Leave Petition (criminal) / Judgment on Special Leave Petition (criminal) Before the Supreme Court of India

Legal Issues

  1. 1 Whether a Court of Session can, under Section 193 CrPC, summon a person as an accused to stand trial without itself recording evidence when the case has been committed by a Magistrate and materials in the file (e.g. statements and documents under Section 173 CrPC) prima facie implicate that person
  2. 2 Whether cognizance under the Code of Criminal Procedure is of the offence or the offender and the consequences of committal being of the case (and not the accused)
  3. 3 Relationship between Section 193 CrPC and Section 319 CrPC and whether Section 319 is the exclusive route to add accused during trial

Ratio Decidendi

Where a Magistrate has committed a case to the Court of Session under Section 209 CrPC, the Sessions Court, in exercise of powers under Section 193 CrPC, may take cognizance of the offence as committed and is empowered to summon additional persons to stand trial if, from the materials before it (including statements and documents in the police final report under Section 173 CrPC), their complicity is prima facie evident; committal is of the case (the offence) not of individual accused, and Section 319 is not the exclusive route to add accused once cognizance of the offence is assumed on committal.

Court Disposition

Special Leave Petition dismissed

Orders

  • Special Leave Petition dismissed.
  • Trial court shall proceed to frame charge if not yet framed and start recording oral evidence of witnesses.