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february 1989

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.

INDIA CARAT PVT. LTD. vs STATE OF KARNATAKA & ANR. · Niyam