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march 1960

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.

PRAMATHA NATH MUKHERJEE vs THE STATE OF WEST BENGAL · Niyam