Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Procedure Code. 1973 Section 190 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Cognizance of offences by Magistrate under section 190 of the Criminal Procedure Code. 1913 - Once cognizance has been taken by the Magistrate, he takes Cognizance of an offence and not offenders. Revisional Jurisdiction of the High Court - High Court's power of revision under Section 401 of the Criminal Procedure Code, 1973 is very limited in going into the matter where the Magistrate, has, after satisfying himself prima facie existence of sufficient material for proceeding against an accused, issued process . One Parsuram Satpathy, brother of the appellant sought the help and protection of the officer-in-charge of the Balangir police station, on 27-11-1974, alleging a conspiracy to murder him. On 29-11-1974 the appellant lodged a First Information Report in the same police station, that the named persons and some others coming in a jeep killed his brother Parsuram by dashing the jeep against the cycle on which he was going. The Police took up investigation of the case, submitted charge sheets against six persons, only for the offence of intentionally causing the death of Parsuram on 29-11-1974, and gave a final report saying that from the investigation carried on by it no offence appeared to have been made out against the respondents. The Sub-Divisional Magistrate Balangir, on a further complaint by the appellaint, finding a prima facie case under Section 302 I.P.C. against the present respondents directed issue of non-bailable warrants against them. In revision, the High Court, set aside the orders of the Magistrate. |
Judge | Hon'ble Mr. Justice Jaswant Singh |
Neutral Citation | 1978 INSC 144 |
Petitioner | Hareram Satpathy |
Respondent | Tikaram Agarwala And 3 Others |
SCR | [1979] 1 S.C.R. 349 |
Judgement Date | 1978-08-24 |
Case Number | 551 |
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