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april 1971

Supreme Court of India · 1971-04-22

UNION OF INDIA & ANR. vs B. N. ANANTI PADMABIAH ETC.

Citation / case number
SC 1970/60293
Court
Supreme Court of India
Petitioner
UNION OF INDIA & ANR.
Respondent
B. N. ANANTI PADMABIAH ETC.
Bench
RAY, A.N.

Judgment text excerpt

The Supreme Court held that a Magistrate in Delhi lacks the jurisdiction to order an investigation for cases in Assam, as per Section 12 of the Code of Criminal Procedure, which defines the local jurisdiction of Magistrates. The Court emphasized that the powers of a Magistrate are confined to their designated area, and Section 5A of the Prevention of Corruption Act mandates that investigations must be conducted by Police Officers of a certain rank under the authority of a competent Magistrate. Consequently, the orders of investigation made by the Delhi Magistrate were quashed by the High Court as invalid.

UNION OF INDIA & ANR. vs B. N. ANANTI PADMABIAH ETC. · Niyam