JUDGMENT

Aniruddha Bose, J.

Leave granted.

2. The question which we shall be addressing in this appeal is whether a Magistrate taking cognizance of an offence on the basis of a police report in terms of Section 190 (1)(b) of The Code of Criminal Procedure, 1973 (the Code) can issue summons to any person not arraigned as an accused in the police report and whose name also does not feature in column (2) of such report. In this case the person concerned, being the appellant, was not named in the First Information Report either. The High Court of Judicature at Allahabad has opined on this question in the affirmative in the judgment delivered on 14th May, 2015. This judgment is under appeal before us. The Chief Judicial Magistrate (CJM), Bulandshahr, Uttar Pradesh had taken cognizance of offences under Sections 363, 366 and 376 of the Indian Penal Code, 1860 (1860 Code) on 8th August, 2012 on the basis of police report. These are offences triable before a Court of Session. The police report had named two individuals as accused-Yogesh and Rupa (the spelling of the name of the latter has been interchangeably used in different proceedings emanating from the First Information Report (F.I.R.) a