Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 204 and 482 1973 - ss.190(1)(a) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 — ss.190(1)(a), 204 and 482 — Issue of process after taking cognizance of offence u/s. 190(1)(a) — Application u/s. 482 for quashing the proceedings — Rejected by High Court - In appeal, held: The Magistrate can proceed u/s. 204 by issuing process, only when he is satisfied that allegations in the complaiit constitute an offence and when considered alongwith the statements recorded, would prima facie make the accusedeanswerable before the court — Application of mind by the Magistrate is best demonstrated by disclosure of mind on the satisfaction — If there is no such indication, for proceeding u/ss.190/204, the High Court is bound to invoke its inherent power in order to prevent abuse of power of the Criminal Court — in the present case, there is no indication on the application of mind by the Magistrate in taking cognizance and issuing process for the offence u/s. 500 of Ranbir Penal Code - Matter remitted to the Magistrate for consideration afresh — Ranbir Penal Code, 1932 — s.500. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2015 INSC 983 |
Petitioner | Mehmood Ul Rehman |
Respondent | Khazir Mohammad Tun Da And Ors. |
SCR | [2015] 4 S.C.R. 841 |
Judgement Date | 2015-03-31 |
Case Number | 1347 |
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