Supreme Court of India
Haribhai Malaviya and Ors. v. The State of Gujarat and Anr.
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.
9 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above, the law can be summarised to the effect that as “trial” means determination of issues adjudging the guilt or the innocence of a person, the person has to be aware of what is the case against him and it is only at the stage of framing of the charges that the court informs him of the same, the “trial” commences only on charges being framed.
Judgment, page 44
From the headnote
Code of Criminal Pr ocedure, 1973 – ss. 156(1)(3) and 173(8) – The High Court held that the Magistrate does not possess any power to or der a fur ther investigation after a char ge-sheet is filed and cognizance is taken – Pr opriety of – Held: Not pr oper – The Magistrate’s power u/s. 156(3) of the CrP . . is ver y wide, for it is this judicial authority that must be satisfied that a pr oper investigation by the Police takes place – T o ensur e that a “pr oper investigation” takes place in the sense of a fair and just investigation by the police which such Magistrate is to supervise - Art.21
Authorities it was built on
- 1978 Maneka Gandhi v. Union of India
- 1976 Smt. Nagawwa v. Veeranna Shivalingappa Konjalgi & Ors.
- 2014 Hardeep Singh v. State of Punjab & Ors.
- 1954 H. N. Rishbud and Inder Singh v. The State of Delhi
- 2012 Vinay Tyagi v. Irshad Ali @ Deepak & Ors.
- 2010 Babubhai v. State of Gujarat & Ors. Etc.
- 1985 Bhagwant Singh v. Commissioner of Police and Anr.
- 1979 State of Bihar and Anr v. J.A.C. Saldanha and Ors.
- 2007 Sakiri Vasu v. State of U.P. and Ors.
- 2001 Hemant Dhasmana v. Central Bureau of Investigation and Anr.
- 1992 Union of India and Anr. v. W.N. Chadha
- 1978 Kamlapati Trivedi v. State of West Bengal
- 2018 Romila Thapar and Ors. v. Union of India and Ors.
- 2009 Narendra G. Goel v. State of Maharashtra & Anr.
- 1996 Randhjr Singh Rana v. The State Being the Delhi Administration
- 2004 Hasanbhai Valibhai Quereshi v. State of Gujarat and Ors.
- 2017 Amrutbhai Shambhubhai.patel v. Sumanbhai Kantibhai Patel & Ors.
- 2014 Dinubhai Boghabhai Solanki v. State of Gujarat & Ors.
- 1977 Tula Ram & Ors. v. Kishore Singh
- 2009 Reeta Nag v. State of West Bengal & Ors.
- 1996 Commissioner of Police, Delhi and Anr. v. Registrar, Delhi High Court, New Delhi
- 1996 "common Cause", A Registered Society through its Director v. Union of India and Ors.
- 2012 Gulzar Ahmed Azmi & Anr. v. Uni.on of India & Ors.
- 2012 Samaj Parivartan Samudaya & Ors. v. State of Karnataka &ors.
- 1997 Union Public Service Commission v. S. Papaiah and Ors.
- 2008 Prabha Mathur & Anr. v. Pramod Aggarwal & Ors.
Where later benches applied it
- 2025 Sovaran Singh Prajapati v. The State of Uttar Pradesh
- 2022 Luckose Zachariah @ Zak Nedumchira Luke and Others v. Joseph Joseph and Others
- 2024 K. Vadivel v. K. Shanthi & Ors.
- 2023 State through Central Bureau of Investigation v. Hemendhra Reddy & Another. Etc.
- 2023 Anant Thanur Karmuse v. The State of Maharashtra & Ors
- 2022 Devendra Nath Singh v. State of Bihar & Ors.
- 2023 Peethambaran v. State of Kerala & Anr.
- 2020 The State of Madhya Pradesh & Anr. v. U.P. State Bridge Corporation Ltd.& Anr.
- 2020 Arnab Manoranjan Goswami v. The State of Maharashtra & Ors.
Of those, 2 relied on · 4 referred to · 3 mentioned
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