Cognizance of offences by Courts of Session.

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REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 148 of 2003
DHARAM PAL & ORS. … APPELLANTS
VS.
STATE OF HARYANA & ANR. …
RESPONDENTS
WITH
CRIMINAL APPEAL NOS. 865 of 2004, 1334 of 2005 and 537
of 2006
J U D G M E N T
ALTAMAS KABIR, CJI.
1. This matter was initially directed to be heard by
a Bench of Three-Judges in view of the conflict of
opinion in the decisions of two Two-Judge Benches, in
the cases of Kishori Singh and Others Vs. State of Bihar
and Others [(2004) 13 SCC 11]; Rajender Prasad Vs.
Bashir and Others [(2001) 8 SCC 522] and SWIL LimitedPage 2
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Vs. State of Delhi and Others [(2001) 6 SCC 670]. When
the matter was taken up for consideration by the ThreeJudge Bench on 1st September, 2004, it was brought to the
notice of the court that two other decisions had a
direct bearing on the question sought to be determined.
The first is the case of Kishun Singh Vs. State of Bihar
[(1993) 2 SCC 16], and the other is a decision of a
Three-Judge Bench in the case of Ranjit Singh Vs. State
of Punjab [(1998) 7 SCC 149]. Ranjit Singh’s case
disapproved the observations made in Kishun Singh’s
case, which was to the effect that the Session Court has
power under Section 193 of the Code of Criminal
Procedure, 1973, hereinafter referred to as “the Code”,
to take cognizance of an offence and summon other
persons whose complicity in the commission of the trial
could prima facie be gathered from the materials
available on record. According to the decision in
Kishun Singh’s case (supra), the Session Court has such
power under Section 193 of the Code. On the other hand,
in Ranjit Singh’s case (supra), it was held that fro

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