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.