Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 304B and 201 IPC Dowry prohibition Act jurisdiction under Cr.P.C s.173 Exoneration offence under ss.498A dismissed. Final report under Art 226 Protest petition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s.173 – Final report under – Exonerating all the accused of the offences u/ss.498A, 304B and 201 IPC and ss.3 and 4 of Dowry Prohibition Act – Protest petition by complainant – Dismissed by the Magistrate – Revision petition dismissed – Writ petition seeking direction to the Magistrate to look into the matter afresh for taking cognizance against the accused persons – High Court allowed the petition – Appeal to Supreme Court – Held: High Court was in error in concluding that protest petition was not considered by the Magistrate – The Magistrate had duly taken into consideration the protest petition – Before a Magistrate proceeds to accept a final report u/s.173 and exonerate the accused, it is incumbent upon him to apply his mind to the content of the protest petition – The duty of the Magistrate is not one limited to readily accepting the final report – It is open for the Magistrate either to accept the final report or to proceed to take cognizance u/s. 190(1)(b) of Cr.P.C. for which there is no necessity to examine the witnesses u/s.200 Cr.P.C. – But since the Magistrate cannot be compelled to treat the protest petition as a complaint, the remedy for the complainant would be to file a fresh complaint and invite the Magistrate to follow the procedure u/ss.200 r/w. s.202 Cr.P.C. – If the protest petition fulfills the requirements of a complaint, the Magistrate may treat the protest petition as a complaint and deal with the same as required u/s.200 r/w. s.202 Cr.P.C. – The protest petition in the present case did not fulfill the requirement of a complaint – Order of High Court is liable to be set aside.Constitution of India: Art.226 – Jurisdiction under – Scope of – Held: High Court while exercising powers u/Art.226 must bear in mind the limited nature of its jurisdiction when it deals with orders of subordinate courts. A |
Judge | Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2019 INSC 742 |
Petitioner | Vishnu Kumar Tiwari |
Respondent | State Of Uttar Pradesh Through Secretary Home, Civil Secretariat Lucknow And Another |
SCR | [2019] 8 S.C.R. 1114 |
Judgement Date | 2019-07-09 |
Case Number | 1015 |
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