Supreme Court of India
Shivjee Singh v. Nagendra Tiwary and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
3 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that examination of all the witnesses cited in the complaint or whose names are disclosed by the complainant in furtherance of the direction given by the Magistrate in terms of proviso to Section 202(2) is not a condition precedent for taking cognizance and SHIVJEE SINGH v.
Judgment, page 26
From the headnote
Code of Criminal Procedure, 1973 - s.202(2), proviso Interpretation of - Whether examination of all witnesses cited in the complaint is sine qua non for taking cognizance by a Magistrate in a case exclusively triable by the Court of Sessions - Held, No - Even though in terms of the proviso to s.202(2), the Magistrate is required to direct the. complainant to produce all his witnesses and examine them on oath, failure or inability of the complainant or omission on his part to examine one or some of the witnesses cited in the complaint or whose names are furnished in compliance of the
Authorities it was built on
Where later benches applied it
- 2013 Udai Shankar Awasthi v. State of U.P. Anr.
- 2019 Google India Private Limited v. M/s. Visakha Industries
- 2012 Lalita Kumari v. Government of U.P. & Others
Of those, 1 relied on · 2 referred to
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