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.