LexNAHAR SINGH versus THE STATE OF UTTAR PRADESH & ANR.
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A B C D E F G H 795 [2022] 2 S.C.R. 795 795 NAHAR SINGH v. THE STATE OF UTTAR PRADESH & ANR. (Criminal Appeal No. 443 of 2022) MARCH 16, 2022 [VINEET SARAN AND ANIRUDDHA BOSE, JJ.] Code of Criminal Procedure, 1973: ss.164, 190(1)(b), 209, 319 – Power of Magistrate taking cognizance of an offence on the basis of a police report in terms of s.190 (1)(b) CrPC to issue summons to any person not arraigned as an accused in the police report and whose name also not featuring in column (2) of such report – Held: If there are materials before the Magistrate showing complicity of persons other than those arraigned as accused or named in column 2 of the police report in commission of an offence, the Magistrate at that stage can summon such persons as well, upon taking cognizance of the offence – A statement made under s.164 of the Code could also be considered for such purpose. Dismissing the appeal, the Court HELD: 1. None of the authorities limit or restrict the power or jurisdiction of the Magistrate or Court of Session in summoning an accused upon taking cognizance, whose name may not feature in the F.I.R. or police report. [Para 20][812-D] Dharam Pal and Others v. State of Haryana and Another (2014) 3 SCC 306 : [2013] 13 SCR 1052; Hardeep Singh v. State of Punjab and Others (2014) 3 SCC 92 : [2014] 2 SCR 1; Raghubans Dubey v. State of Bihar AIR 1967 SC 1167 : [1967] 2 SCR 423 – followed. 2. In the present case, the name of the accused had transpired from the statement made by the victim under Section 164 of the Code.In the subject-proceeding, the Magistrate acted on the basis of an independent application filed by the de facto complainant. If there are materials before the Magistrate showing complicity of persons other than those arraigned as accused or A B C D E F G H 796 SUPREME COURT REPORTS [2022] 2 S.C.R. named in column 2 of the police report in commission of an offence, the Magistrate at that stage could summon such persons as well upon taking cognizance of the offence. For summoning persons upon taking cognizance of an offence, the Magistrate has to examine the materials available before him for coming to the conclusion that apart from those sent up by the police some other persons are involved in the offence. These materials need not remain confined to the police report, charge sheet or the F.I.R. A statement made under Section 164 of the Code could also be considered for such purpose.Turning to the facts of the present case, there is no error in the order of the Magistrate, which was affirmed by the High Court. [Paras 21 & 22][812-E-H; 813-A-B] SWIL Ltd. v. State of Delhi and Another (2001) 6 SCC 670 : [2001] 1 Suppl. SCR 527; Raj Kishore Prasad v. State of Bihar and Another (1996) 4 SCC 495 : [1996] 2 Suppl. SCR 125; Kishun Singh & Others v. State of Bihar (1993) 2 SCC 16 : [1993] 1 SCR 31; Nisar and Another v. State of U.P. (1995) 2 SCC 23 : [1994] 5 Suppl. SCR 368; Balveer Singh and Another v. State of Rajasthan and Another (2016) 6 SCC 680 : [2016] 2 SCR 504; P.C. Gulati v. Lajya Ram and Others AIR 1966 SC 595 : [1966] 1 SCR 560 – referred to. Case Law Reference [2001] 1 Suppl. SCR 527 referred to Para 9 [2013] 13 SCR 1052 followed Para 10 [2014] 2 SCR 1 followed Para 13 [1996] 2 Suppl. SCR 125 referred to Para 14 [1993] 1 SCR 31 referred to Para 14 [1994] 5 Suppl. SCR 368 referred to Para 14 [2016] 2 SCR 504 referred to Para 14 [1967] 2 SCR 423 followed Para 16 [1966] 1 SCR 560 referred to Para 17 A B C D E F G H 797 CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 443 of 2022. From the Judgment and Order dated 14.05.2015 of the High Court of Judicature at Allahabad in Criminal Misc. Writ Petition No.11538 of 2015. S. N. Jha, Sr. Adv., Santosh Kumar Mishra, Ms. Pappy Jha, Prem Prakash, Advs. for the Appellant. Rajan Kumar Chourasia, Sarvesh Singh Baghel, Ardhendumauli Kumar Prasad, Apoorv Kurup, Prashant Singh, Ashish Madaan, Ms. Nidhi Mittal, Advs. for the Respondents. The Judgment of the Court was delivered by ANIRUDDHA BOSE, J. 1. Leave granted. 2. The question which we shall be addressing in this appeal is whether a Magistrate taking cognizance of an offence on the basis of a police report in terms of Section 190 (1)(b) of The Code of Criminal Procedure, 1973 (the Code) can issue summons to any person not arraigned as an accused in the police report and whose name also does not feature in column (2) of such report. In this case the person concerned, being the appellant, was not named in the First Inf
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