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december 1976

Supreme Court of India · 1976-12-17

STATE OF MYSORE vs FAKRUSAB BABUSAB KARANANDI

Citation / case number
SC 1972/60258
Court
Supreme Court of India
Petitioner
STATE OF MYSORE
Respondent
FAKRUSAB BABUSAB KARANANDI
Bench
BHAGWATI, P.N.

Judgment text excerpt

The Supreme Court held that the Mysore Amendment Act No. 1 of 1971 restored the original provisions of Section 60(b) of the Mysore Excise Act, 1965, allowing police officers to file complaints for cognizable offences. The Court found that the judicial magistrate was entitled to take cognizance of the offence based on the charge sheet filed by the police, as the amendment effectively nullified the prior deletion of 'or police' by the Mysore Ordinance No. 4 of 1970. The appeal was allowed, overturning the lower court's dismissal of the complaint and affirming the magistrate's authority to act on the charge sheet.

STATE OF MYSORE vs FAKRUSAB BABUSAB KARANANDI · Niyam