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    <title>2013 (5) TMI 944 - Supreme Court</title>
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    <description>A Magistrate may take cognizance and issue process against a person named by the informant even when the police report does not array that person as an accused, because the Magistrate is not bound by the investigating agency&#039;s conclusion and may act on the materials in the police papers and the informant&#039;s version. The cognizance and summoning order were upheld. An order quashing charges obtained by suppressing the fact that charges had already been framed in the sessions trial could not stand, because concealment of a material fact within the accused&#039;s special knowledge amounted to fraud on the court. The quashing order was set aside and the trial was restored.</description>
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    <pubDate>Thu, 16 May 2013 00:00:00 +0530</pubDate>
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      <title>2013 (5) TMI 944 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=193583</link>
      <description>A Magistrate may take cognizance and issue process against a person named by the informant even when the police report does not array that person as an accused, because the Magistrate is not bound by the investigating agency&#039;s conclusion and may act on the materials in the police papers and the informant&#039;s version. The cognizance and summoning order were upheld. An order quashing charges obtained by suppressing the fact that charges had already been framed in the sessions trial could not stand, because concealment of a material fact within the accused&#039;s special knowledge amounted to fraud on the court. The quashing order was set aside and the trial was restored.</description>
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      <pubDate>Thu, 16 May 2013 00:00:00 +0530</pubDate>
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