Niyam v2 is live — start for just ₹100 — 200 credits to try

july 1980

Supreme Court of India · 1980-07-28

RAJPATI vs BACHAN & ANR.

Citation / case number
SC 1980/63215
Court
Supreme Court of India
Petitioner
RAJPATI
Respondent
BACHAN & ANR.
Author
SYED MURTAZA FAZALALI
Bench
SYED MURTAZA FAZALALI

Judgment text excerpt

The Supreme Court held that under Section 145 of the Code of Criminal Procedure, a Magistrate is not required to reiterate a finding of breach of peace in the final order if such a finding was made in the preliminary order. The Court found that the High Court erred in quashing the Magistrate's order due to the absence of a specific finding in the final order, as the apprehension of breach of peace was implicit and continued to exist based on the contradictory statements of the parties. The Court reinstated the Magistrate's order in favor of the appellant, affirming that the initial finding was sufficient to maintain jurisdiction.

RAJPATI vs BACHAN & ANR. · Niyam