Supreme Court of India · 1989-02-15
INDIA CARAT PVT. LTD. vs STATE OF KARNATAKA & ANR.
- Citation / case number
- SC 1989/72599
- Court
- Supreme Court of India
- Petitioner
- INDIA CARAT PVT. LTD.
- Respondent
- STATE OF KARNATAKA & ANR.
- Author
- S. NATRAJAN
- Bench
- S. NATRAJAN
Judgment text excerpt
The Supreme Court held that a Magistrate has the discretion to take cognizance of an offence upon receiving a complaint, as outlined in Sections 200 and 203 of the Criminal Procedure Code, 1973. The Court found that the High Court erred in quashing the Magistrate's order for not following the procedure after a 'B' report was submitted, emphasizing that the Magistrate can proceed to record statements and issue process if sufficient grounds exist. The appeal was allowed, reinstating the Magistrate's order to register a case against the accused under Sections 408 and 420 IPC.