In Brief
Nahar Singh was accused of rape alongside two others named in the police charge-sheet. The victim's statement under Section 164 of the Code of Criminal Procedure disclosed Nahar Singh's name, though he was not named in the initial police report. A Magistrate summoned him for trial based on this statement. The Supreme Court held that when taking cognizance of an offence, a Magistrate can summon any person against whom prima facie evidence of involvement exists, even if not named in the police report or F.I.R. The Magistrate must examine all available materials, including statements under Section 164, to identify actual offenders. There is no legal bar to summoning additional accused persons after issuing process against initial accused, provided materials on record establish their involvement in the offence.
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