SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1997 Supreme(Kar) 166

M.B.VISHWANATH, M.F.SALDANHA
NAGANAGOUDA VEERANAGOUDA PATIL – Appellant
Versus
MALATESH H. KULKARNI – Respondent


Advocates:
LAXMAN J.MATAGONI, M.T.NANAIAH, MALIKARJUN S.MYLAR, P.T.SRINIVAS REDDY, R.B.DESHPANDE, S.J.Sanghavi, S.Mahesh, S.P.KULAKARNI, S.R.BANNUNNATH, S.R.Shivaprakash

( 1 ) THE learned single Judge of this Court has referred a group of Criminal Petitions filed under Section 482, Cr. P. C. to the Division Bench for resolution of a point of procedure which is of some consequence. Though, as we shall presently point out, the consenus in a whole string of earlier decisions has been in favour of the view that the participation of the complainant's Advocate at the stage when the verification statement is being taken down by the presiding Magistrate while scrutinising a private complaint is not permissible, there has been some difference of opinion in this regard particularly on the question as to whether the deviation from this procedure would result in an illegality or whether it is a curable irregularity. Section 200 of the Cr. P. C. underwent drastic amendments when the new Criminal Procedure Code came on the statute book in 1973. The section as it now appears in the Cr. P. C. is reproduced below for ready reference :"200. Examination of complainant :- A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing














Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top