Despite the police's closure report, if there is prima facie evidence of crime in the case diary, the magistrate can summon the accused: Allahabad High Court
An FIR was lodged on 18 March 2015 at Bidhuna police station in Auraiya district against Satendra alias Chunmun and Narayan under Section 307 of the Indian Penal Code (IPC)…
Explanation in simple terms
The police submitted a closure report saying there was no crime to prosecute against the accused. However, the Allahabad High Court ruled that if the case documents contain enough evidence suggesting a crime did occur, a judge can still order the accused to appear in court. This means the case can move forward even when police recommend closing it.
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