Supreme Court of India · 1971-12-02
RAJINDRA NATH MAHATO vs T. GANGULY, DY. SUPERINTENDENT & ANR.
- Citation / case number
- SC 1968/60359
- Court
- Supreme Court of India
- Petitioner
- RAJINDRA NATH MAHATO
- Respondent
- T. GANGULY, DY. SUPERINTENDENT & ANR.
- Bench
- RAY, A.N.
Judgment text excerpt
The Supreme Court held that under Section 204 of the Code of Criminal Procedure, only the Magistrate who has taken cognizance of an offence can issue process against the accused. The Court found that the High Court correctly quashed the process issued by a different Magistrate, as it was not in accordance with the provisions of Sections 191 and 192 of the Code of Criminal Procedure. Consequently, the appeal was dismissed, affirming the High Court's decision.