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april 1968

Supreme Court of India · 1968-04-23

R.H. BHUTANI vs MISS MANI J. DESAI & ORS.

Citation / case number
SC 1967/208
Court
Supreme Court of India
Petitioner
R.H. BHUTANI
Respondent
MISS MANI J. DESAI & ORS.
Bench
SHELAT, J.M.

Judgment text excerpt

The Supreme Court held that the satisfaction of the Magistrate under Section 145 of the Code of Criminal Procedure is discretionary and does not require a police report to initiate proceedings. The Court clarified that the Magistrate's satisfaction must be based on the facts presented, which were deemed prima facie sufficient. The High Court's revision setting aside the Magistrate's order was overturned, affirming that the existence of a dispute justifying the Magistrate's action was established despite the appellant's prior dispossession.

R.H. BHUTANI vs MISS MANI J. DESAI & ORS. · Niyam