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

1969 Supreme(All) 303

B. D. GUPTA
Gauri Shankar – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
J.N. Tiwari and S.S. Agnihotri, Advocate, for the Applicant; K.G. Dhulia, Advocate, for the Opposite Party

JUDGMENT

Gupta, J. - This is a revision against an order under Section 112 of the Code of Criminal Procedure passed by the Sub-Divisional Magistrate, Karchana, on the 24th of February, 1968. The sole ground pressed in support of this revision is that the order does not comply with the requirement of Section 112, Cr. P. C. inasmuch as it does not set forth the substance of the information received by the learned Magistrate. This contention appears to be well founded.

2. The order of the learned Magistrate which is to be found on the order sheet runs as follows :-

"Received the Chalani report from P. S. Naini today. Register a case under section 1071117, Cr. P. C. and issue notice under section 112, Cr. P. C. to the G. Ps. for 3-3-1968."

3. It is obvious that the above order contains no indication even of the information received by the learned Magistrate, and this circumstance, by itself, is sufficient to vitiate the order as not complying with the requirements contained in Section 112, Cr. P. C.

4. I have also looked into the record of the proceedings before the learned Magistrate. The relevant portion of the notice issued in compliance with the order of the learned Magistrate set fo

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