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december 1971

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.

RAJINDRA NATH MAHATO vs T. GANGULY, DY. SUPERINTENDENT & ANR. · Niyam