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.