Supreme Court of India · 1960-03-11
PRAMATHA NATH MUKHERJEE vs THE STATE OF WEST BENGAL
- Citation / case number
- SC 1958/58
- Court
- Supreme Court of India
- Petitioner
- PRAMATHA NATH MUKHERJEE
- Respondent
- THE STATE OF WEST BENGAL
- Bench
- GUPTA, K.C. DAS
Judgment text excerpt
The Supreme Court held that an order of discharge under Section 251A(2) of the Criminal Procedure Code does not preclude a Magistrate from trying the accused for another offence disclosed in the police report, even if the initial charge was triable as a warrant case. The Court clarified that the Magistrate can proceed with charges under Section 323 IPC, as the discharge only pertains to the specific offence under Section 332 IPC. Consequently, the conviction under Section 323 IPC was upheld, affirming the Magistrate's authority to take cognizance of all offences reported by the police.