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SUPREME COURT OF INDIA
BEFORE O. CHINNAPPA REDDY AND V. BALAKRISHNA ERADI, JJ.
GOPAL VIJAY VERMA
Versus
BHUNESHWAR PRASAD SINHA AND OTHERS
Criminal Appeal No. 808 of 1981
Decided on 17-11-1982
Advocates appeared
B.P. Singh, Advocate, for the Appellant; M.P. Jha, Advocate, for Respondents 1-6; D. Goburdhan, Advocate, for Respondent 7.
Practice and Procedure – Power of magistrate - Cognizance of cases - High Court was clearly in error in thinking that Magistrate could not take cognizance of a case upon complaint because he had earlier refused to take cognizance of the case on a police report - Held, Matter is remitted to Chief Judicial Magistrate, Patna for disposal according to law - If the accused have any further objections to raise, they may do so before Chief Judicial Magistrate - Appeal is disposed of.
ORDER
1. The High Court was clearly in error in thinking that the Magistrate could not take cognizance of a case upon complaint because he had earlier refused to take cognizance of the case on a police report. The order of the High Court is set aside. The matter is remitted to the Chief Judicial Magistrate, Patna for disposal according to law. If the accused have any further objections to raise, they may do so before the Chief Judicial Magistrate.
2. The appeal is disposed of accordingly.
For Citation : (1982) 3 SCC 510
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