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august 1978

Supreme Court of India · 1978-08-24

HARERAM SATPATHY vs TIKARAM AGAR W ALA AND 3 OTHERS

Citation / case number
SC 1976/61009
Court
Supreme Court of India
Petitioner
HARERAM SATPATHY
Respondent
TIKARAM AGAR W ALA AND 3 OTHERS
Author
JASWANT SINGH
Bench
JASWANT SINGH

Judgment text excerpt

The Supreme Court held that under Section 190 of the Criminal Procedure Code, 1973, a Magistrate takes cognizance of an offence, not the offenders, and must determine the offenders after cognizance. The Court emphasized that once a Magistrate finds prima facie evidence for proceeding against an accused and issues process, the High Court's revisional jurisdiction is limited and cannot interfere. The appeal was allowed, reversing the High Court's decision that had set aside the Magistrate's order.

HARERAM SATPATHY vs TIKARAM AGAR W ALA AND 3 OTHERS · Niyam