VidhiSangh

Supreme Court of India · 16/03/2022

NAHAR SINGH versus THE STATE OF UTTAR PRADESH & ANR.

[2022] 2 S.C.R. 795 · 2022 INSC 314

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Summary

A person omitted from the FIR and police report challenged his summoning in a rape case, contending that only Section 319 CrPC could be used against him. The Court held that cognizance concerns the offence and permits process against other persons whose prima facie involvement emerges from the available material, even if they are not listed in column 2. The victim’s Section 164 statement could be considered. The summoning order was upheld and the appeal dismissed.

Issues

  1. Whether a Magistrate taking cognizance on a police report may summon someone absent from both the FIR and every part of the report.
  2. Whether the Magistrate must wait for the stage at which Section 319 becomes available.

Provisions considered

Held

Result

Appeal dismissed and the High Court judgment affirming the summoning order upheld. The interim order in the appeal stood dissolved.

Judgment PDF: Supreme Court of India, [2022] 2 S.C.R. 795.