B. D. GUPTA
Gauri Shankar – Appellant
Versus
State of U. P. – Respondent
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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.